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 .
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 states “the bracket body is configured such that a projection of the bracket body on the wall body is located within a range of a projection of the toilet body on the wall body”.
The disclosure does not appear to define respective projection structures on the bracket body and a toilet body. The disclosure also does not appear to define a ‘range of a projection’ for the toilet body and it is unclear how a bracket body, or a projection from a bracket body, would fit within another projection structure.
As best understood the phrase “the bracket body on the wall body” is defining a condition of the bracket body being installed on the wall body. The language regarding “a projection of the bracket body on the wall body” appears to be referencing ‘the bracket body projecting from the wall body when installed on the wall body’ defining the bracket body itself as projecting from the wall body.
As best understood the phrase “the toilet body on the wall body” is defining a condition of a toilet body being installed on the wall body while the language regarding “within a range of a projection of the toilet body” is unclear but at beast appears to be defining a recess or opening within the toilet body.
Clarification is required.
Appropriate correction is required.
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 1-7, 11-12 and 16-17 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.
Claim 1 recites the limitation "“the bracket body is configured such that a projection of the bracket body on the wall body is located within a range of a projection of the toilet body on the wall body " in the last three lines of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 positively recites a bracket body and defines the bracket body as being configured to install onto a wall body and onto a toilet body. However the toilet body has not been positively recited and has not had its structure defined as would be required to establish what ‘toilet body projection’ the bracket body must be configured to be ‘located within a range of’. With no toilet body having been defined and no ‘toilet body projection range’ having been defined there is no basis upon which to establish the claim limitation.
For the purpose of examination the claim is being interpreted as requiring the bracket body be configured such that at least a portion of the bracket body can be received in a recess of a toilet body.
Claims 2-7 and 11-12 are rejected due to their dependency from claim 1.
Claim 4 recites the limitation "matches a shape of a rear portion of the toilet body" in the last line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 depends from claims 1 and 2 which do not positively recite a toilet body and as such there is no shape for the bracket to match.
For the purpose of examination any bracket shape will be considered as configured to match the shape of a rear of a toilet.
The term “partially thickened” in claim 11 is a relative term which renders the claim indefinite. The term “partially thickened” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claims and specification do not define what would be a ‘standard’ thickness of the rear of the toilet, what would be considered “partially thickened” or what the ‘partially thickened’ parts of the rear of the toilet are being compared to. With no way to determine what would be considered “partially thickened” the scope of the claimed invention is indefinite.
For the purpose of examination any location/portion of a rear of a toilet body configured to receive fasteners/mount the toilet body will be considered to be “partially thickened” and forming a “reinforcing portion”.
Claim 12 is rejected due to its dependency from claim 11.
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, 8-9, 11, 13 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3705653 (Arens).
Regarding claim 1, Arens discloses a wall-mounted toilet bracket, comprising:
a bracket body (6) provided with a wall body connection portion (rear, area around elements 12; Fig. 4) and a toilet connection portion (front, mounting area for fasteners 16; Fig. 5), wherein the wall body connection portion is configured to be connected to a wall body so as to arrange the bracket body outside the wall body and to fix the bracket body on the wall body (Fig. 1), and the toilet connection portion is configured to be connected to a toilet body so as to fix a toilet body (4) to the bracket body (Fig. 1); and the bracket body is configured such that a projection of the bracket body on the wall body is located within a range of a projection of the toilet body on the wall body (Fig. 1 – bracket body can be received within a recess/opening of a toilet body).
Regarding claim 2, Arens further discloses that the bracket body comprises:
a first vertical support arm (vertical structure/area around element 12 – annotated figure below);
a second vertical support arm (vertical structure/area around element 12 – annotated figure below) provided opposite to the first vertical support arm, the wall body connection portion being provided on the first vertical support arm and the second vertical support arm; and
a first transverse support arm (Upper part of element 50 extending between vertical support arms, annotated figure below) located between the first vertical support arm and the second vertical support arm, and fixedly connected to the first vertical support arm and the second vertical support arm, the toilet connection portion being provided on the first transverse support arm.
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Regarding claim 3, Arens further discloses that the bracket body further comprises:
a second transverse support arm located between the first vertical support arm and the second vertical support arm, and fixedly connected to the first vertical support arm and the second vertical support arm, wherein the second transverse support arm is located on a lower side of the first transverse support arm and parallel to the first transverse support arm (lower part of element 50, extends beneath and parallel to the first/upper transverse support arm)
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Regarding claim 4, Arens discloses that the first vertical support arm and the second vertical support arm are inclined in opposite directions, and a distance between the first vertical support arm and the second vertical support arm becomes smaller and smaller in a direction from up to down (Vertical support arms taper inwards from top to bottom; annotated figure below), so that an outline shape of the bracket body matches a shape of a rear portion of the toilet body (depending upon the toilet body).
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Regarding claim 5, Arens discloses that an upper end of the first vertical support arm and an upper end of the second vertical support arm both protrude from the first transverse support arm (Figs. 4, 5; annotated figure below); and
the wall body connection portion is provided at both ends of the first vertical support arm and at both ends of the second vertical support arm (the wall body connection portion extends from the top to bottom of the support arms so is at both ends; annotated figure below).
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Regarding claim 8, Arens discloses a wall-mounted toilet system comprising:
a wall-mounted toilet bracket, comprising:
a bracket body (6) provided with a wall body connection portion (rear, area around elements 12; Fig. 4) and a toilet connection portion (front, mounting area for fasteners 16; Fig. 5), wherein the wall body connection portion is configured to be connected to a wall body so as to arrange the bracket body outside the wall body and to fix the bracket body on the wall body (Fig. 1), and the toilet connection portion is configured to be connected to a toilet body so as to fix a toilet body (4) to the bracket body (Fig. 1); and the bracket body is configured such that a projection of the bracket body on the wall body is located within a range of a projection of the toilet body on the wall body (Fig. 1 – bracket body can be received within a recess/opening of a toilet body);
a toilet body (4) fixed on the wall-mounted toilet bracket (Fig. 1), wherein the toilet body is provided with a bowl (Fig. 1); and
an in-wall sewage discharge pipe (Fig. 1 – connected to outlet 24) configured to communicate with the bowl (drain pipe 10 connects bowl outlet 26 to in-wall drain pipe 24).
Regarding claim 9, Arens discloses that a rear portion of the toilet body is provided with an avoidance groove for avoidance of at least a portion of the bracket body (Fig. 1, annotated figure below) and
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a groove wall of the avoidance groove is provided with a toilet mating portion for connecting to the toilet connection portion (annotated figure below).
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Regarding claim 11, Arens discloses that a rear portion of the toilet body is partially thickened to form a reinforcing portion and the toilet mating portion is provided in the reinforcing portion.
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Regarding claim 13, Arens discloses that the wall body connection portion is configured to be fixedly connected to a wall by receiving a support rod (14) and as such would be configured to be secured by an M12 expansion bolt.
Regarding claim 18, Arens discloses a wall-mounted toilet system, comprising:
a wall mounted toilet bracket comprising:
a bracket body (6) provided with a wall body connection portion (rear, area around elements 12; Fig. 4) and a toilet connection portion (front, mounting area for fasteners 16; Fig. 5), wherein the wall body connection portion is configured to be connected to a wall body so as to arrange the bracket body outside the wall body and to fix the bracket body on the wall body (Fig. 1), and the toilet connection portion is configured to be connected to a toilet body so as to fix a toilet body (4) to the bracket body (Fig. 1); and the bracket body is configured such that a projection of the bracket body on the wall body is located within a range of a projection of the toilet body on the wall body (Fig. 1 – bracket body can be received within a recess/opening of a toilet body);
the bracket body comprising:
a first vertical support arm (vertical structure/area around element 12 – annotated figure below);
a second vertical support arm (vertical structure/area around element 12 – annotated figure below) provided opposite to the first vertical support arm, the wall body connection portion being provided on the first vertical support arm and the second vertical support arm; and
a first transverse support arm (Upper part of element 50 extending between vertical support arms, annotated figure below) located between the first vertical support arm and the second vertical support arm, and fixedly connected to the first vertical support arm and the second vertical support arm, the toilet connection portion being provided on the first transverse support arm; and
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a toilet body fixed on the wall-mounted toilet bracket, wherein the toilet body is provided with a bowl (4; Fig. 1); and
an in-wall sewage discharge pipe (24) configured to communicate with the bowl (Fig. 1 - bowl outlet 26 connects to in-wall discharge pipe 24 by waste pipe 10).
Regarding claim 19, Arens discloses that the wall body connection portion is configured to be fixedly connected to a wall by receiving a support rod (14) and as such would be configured to be secured by an M12 expansion bolt.
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 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Arens in view of KR 200372314 (KR).
Regarding claim 6, Arens discloses that the wall body connection portion comprises at least two first connection holes provided at end portions in a height and width direction of the bracket body (12 – extend between end portions) and that the toilet connection portion comprises at least two second connection holes provided at intervals in the width direction of the bracket body (Fig. 5 - apertures receiving fasteners 16). Arens, however, only discloses providing two first connection holes and second connection holes instead of at least four first connection holes at end portions in a height and width direction of the bracket body.
KR teaches a wall mounted toilet assembly comprising a bracket body comprising at least two toilet body connections (61/62) provided at intervals in the width direction of the bracket body and at least four wall connection holes (51/52) provided at end portions in a height and width direction of the bracket body (Fig. 3).
It would have been obvious to one of ordinary skill in the art to provide the bracket body with at least four first/wall connection holes, as taught by KR, so as to provide additional support to the toilet/a stronger connection to the wall by providing additional fastening/mounting points.
Regarding claim 16, Arens discloses that the wall body connection portion comprises at least two first connection holes provided at end portions in a height and width direction of the bracket body (12 – extend between end portions) and that the toilet connection portion comprises at least two second connection holes provided at intervals in the width direction of the bracket body (Fig. 5 - apertures receiving fasteners 16). Arens, however, only discloses providing two first connection holes and second connection holes instead of at least four first connection holes at end portions in a height and width direction of the bracket body.
KR teaches a wall mounted toilet assembly comprising a bracket body comprising at least two toilet body connections (61/62) provided at intervals in the width direction of the bracket body and at least four wall connection holes (51/52) provided at end portions in a height and width direction of the bracket body (Fig. 3).
It would have been obvious to one of ordinary skill in the art to provide the bracket body with at least four first/wall connection holes, as taught by KR, so as to provide additional support to the toilet/a stronger connection to the wall by providing additional fastening/mounting points.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Arens in view of US 5,724,773 (Hall).
Regarding claim 7, Arens is silent regarding the material of the bracket body and whether or not it is a carbon steel member.
Hall teaches a bracket body (18) for securing a toilet body (95) to a wall body (Fig. 4). Hall teaches that the bracket body can be constructed from various materials including steels and carbon steel in particular (C5 L11-25).
It would have been obvious to one of ordinary skill in the art to utilize carbon steel as a manufacturing material for the bracket body, as taught by Hall, since its high strength would facilitate supporting the weight/forces of the toilet body and its users without deflecting/bending/failing as well as for other design considerations such as cost and availability of materials.
Regarding claim 17, Arens is silent regarding the material of the bracket body and whether or not it is a carbon steel member.
Hall teaches a bracket body (18) for securing a toilet body (95) to a wall body (Fig. 4). Hall teaches that the bracket body can be constructed from various materials including steels and carbon steel in particular (C5 L11-25).
It would have been obvious to one of ordinary skill in the art to utilize carbon steel as a manufacturing material for the bracket body, as taught by Hall, since its high strength would facilitate supporting the weight/forces of the toilet body and its users without deflecting/bending/failing as well as for other design considerations such as cost and availability of materials.
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Arens.
Regarding claim 10, Arens is silent regarding a depth of the avoidance groove being in a range of 20 mm to 30 mm. Instead, Arens discloses that the avoidance groove is sufficiently large to receive the bracket body therein without interfering with the use of the toilet (Fig. 1, annotated below). The Federal Circuit has held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. MPEP 2144.04(IV)(A) (discussing Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Arens by forming the avoidance gap to have a depth in the range of 20mm to 30mm. Applicant appears to have placed no criticality on any particular depth and it appears that the device of Arens would work appropriately if made with a depth in the claimed range.
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Regarding claim 12, Arens is silent regarding a thickness of the reinforcing portion being in a range of 49 mm to 59 mm. Instead, Arens discloses that the reinforcing portion is configured to receive a fastener and secure the toilet body to a wall while having a thickness sufficient to achieve this function (Fig. 1, annotated below). The Federal Circuit has held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. MPEP 2144.04(IV)(A) (discussing Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Arens by forming the reinforcing portion to have a thickness in the range of 49 mm to 59 mm. Applicant appears to have placed no criticality on any particular depth and it appears that the device of Arens would work appropriately if made with a reinforcing portion thickness in the claimed range.
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Claims 14-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Arens in view of JP 2008267001 (Arashi).
Regarding claim 14, Arens discloses a wall-mounted toilet system as previously discussed which further comprises a mounting cavity (Fig. 1 – interior toilet area where drainage pipe 10 is located) and a sewage discharge device (10) which is connected to the toilet body (connects at element 26), communicates with the in-wall sewage discharge pipe (connects through element 24) and comprises a sewage discharge pipe is provided in the mounting cavity (Fig. 1). Arens, however, does not disclose that the sewage discharge pipe is a rotary sewage discharge pipe.
Arashi teaches a wall-mounted toilet assembly (Fig. 4) comprising a toilet body (9) coupled to an in-wall drainage pipe (7) and comprising a mounting cavity (Fig. 4) within which a sewage discharge device comprising a rotary sewage discharge pipe (1a) is provided. One end of the rotary discharge pipe communicates with the bowl (6) (Fig. 4) and the rotary discharge pipe is configured to rotate relative to the toilet body between an initial water seal forming position (Figs. 1, 2) and a second discharge position (Fig. 3).
It would have been obvious to one of ordinary skill in the art to utilize a sewage discharge device comprising a rotary sewage discharge pipe, as taught by Arashi, to reduce the use of water by the toilet as the flush cycle does not need to overcome a seal/start a siphon to flush the bowl.
Regarding claim 15,Arens in view of Arashi teaches a wall-mounted toilet system with a sewage discharge device comprising a rotary pipe as previously discussed. Arashi further teaches details of how the rotary pipe is configured within/functions with the discharge system.
Arashi teaches that the bowl is provided with a first sewage outlet (4), and one end of the rotary sewage discharge pipe (13) communicates with the first sewage outlet. The sewage discharge device further comprises a sewage discharge box (3/3a) at least partially located within the mounting cavity (Fig. 4) and fixedly connected to the toilet body, and the sewage discharge box is provided with a rotary connection hole (Front opening of casing 3/3a which receives the rotary pipe) and a second sewage outlet (32). The sewage discharge box is provided with a sewage discharge cavity communicating with the rotary connection hole, and the rotary sewage discharge pipe is at least partially located within the sewage discharge cavity and rotates about the rotary connection hole (Figs. 1-3), wherein the second sewage outlet communicates with the in-wall sewage discharge pipe (Fig. 4).
It would have been obvious to one of ordinary skill in the art to further adapt the sewage discharge device to function with the taught rotary drain pipe, as taught by Arashi, to facilitate the drain pipe modification in a functional arrangement.
Regarding claim 20, Arens discloses a wall-mounted toilet system as previously discussed which further comprises a mounting cavity (Fig. 1 – interior toilet area where drainage pipe 10 is located) and a sewage discharge device (10) which is connected to the toilet body (connects at element 26), communicates with the in-wall sewage discharge pipe (connects through element 24) and comprises a sewage discharge pipe is provided in the mounting cavity (Fig. 1). Arens, however, does not disclose that the sewage discharge pipe is a rotary sewage discharge pipe.
Arashi teaches a wall-mounted toilet assembly (Fig. 4) comprising a toilet body (9) coupled to an in-wall drainage pipe (7) and comprising a mounting cavity (Fig. 4) within which a sewage discharge device comprising a rotary sewage discharge pipe (1a) is provided. One end of the rotary discharge pipe communicates with the bowl (6) (Fig. 4) and the rotary discharge pipe is configured to rotate relative to the toilet body between an initial water seal forming position (Figs. 1, 2) and a second discharge position (Fig. 3).
It would have been obvious to one of ordinary skill in the art to utilize a sewage discharge device comprising a rotary sewage discharge pipe, as taught by Arashi, to reduce the use of water by the toilet as the flush cycle does not need to overcome a seal/start a siphon to flush the bowl.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2018/016967 (Klausen) teaches a mounting bracket for a toilet which utilizes at least four fasteners to secure to a floor or wall wherein the fasteners can be bolts, screws, expansion bolts or other fastening means.
US 2,688,755 (Gordon) teaches a wall-mounted toilet assembly comprising a toilet body and a bracket body configured to mount the toilet body to the wall.
US 2,752,612 (Svabek) teaches a bracket body for mounting a toilet body to a wall body.
US 2,945,240 (Young) teaches a bracket body for mounting a toilet body to a wall body however the bracket body is behind the wall and mounted to the floor.
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.
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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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/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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