DETAILED ACTION
This Office Action is responsive to application number 18/842,390 - PLUMBING FIXTURE AUXILIARY PORT, filed on 8/28/24.
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
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/9/26. Claims 1-16 remain for examination.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Owens (US 2,341,116).
Regarding Claim 1 Owens discloses a plumbing fixture system (Fig. 1, 2, 3; page 1, col 2, In 10-23) comprising:
a plumbing fixture bowl (Fig. 1 - see how the discharge pipe 9 connects to a toilet bowl; page 1, col 2, In 10-23, 'the discharge pipe 9 extends to and opens into the bowl of a toilet or water closet structure (not shown)’);
a plumbing fixture tank coupled to the plumbing fixture bowl (8, Fig. 1; page 1, col 2, In 24-35, 'the tank 8'), wherein the plumbing fixture tank is configured to house liquid (Fig. 1), and wherein the plumbing fixture tank is configured to provide at least a portion of the liquid to the plumbing fixture bowl to flush the plumbing fixture bowl (Fig. 1, 2, 3 - see how the tank 8 provides the liquid to the bowl via the pipe 9 to flush the bowl); and
a fill valve assembly disposed in the plumbing fixture tank (12, Fig. 1, 2, 3- see fill valve assembly comprising supply pipe 12 with internal valve 17 positioned near the top; page 1, col 2, In 36 to page 2, col 1, In 2, 'the upper end portion of the supply pipe 12 is formed as a chamber 15 having its base portion formed with an internal valve seat 16 controlled by a vertically movable valve 17 carried by the lower end of a valve rod 18'), wherein the fill valve assembly comprises an auxiliary port (33, Fig. 1, 2, 3 - see how the fill valve assembly 12 comprises an auxiliary port connected to pipe 33; page 2, col 1, In 3-26, 'the lower inner end portion of the cylinder 24 is connected by a small diameter pipe 33 with the water supply pipe 12 at a point below the valve 16'), wherein the auxiliary port is configured to modify a level of the liquid in the plumbing fixture tank (Fig. 1, 2, 3 - see how the auxiliary port is configured to modify a level of liquid in the tank 8 since the port is configured to trigger a flushing operation).
Regarding claim 2 Owens discloses the plumbing fixture system of claim 1, and further teaches wherein:
the fill valve assembly further comprises a fill valve outlet that is configured to provide a first liquid flow (23, Fig. 1, 2, 3; page 1, col 2, In 36 to page 2, col 1, In 2, 'the inlet end of a drop tube 23 enters the chambered portion 15 of the pipe 12 above the valve 17. Hence, the water from the source of supply is admitted to the drop tube 23 when the valve 17 is open. The drop tube discharges into the lower portion of the tank 8 and is for the purpose of replenishing the supply of water in the tank up to a certain level'); and
the auxiliary port is configured to provide a second liquid flow that is greater than the first liquid flow (Fig. 1, 2, 3 - see how the auxiliary port 33 provides a second liquid flow greater than the first liquid flow, since the auxiliary port is located before the valve, and thus the flow isn't slowed down by the valve 17 or chamber 15).
Regarding claim 5 Owens discloses the plumbing fixture system of claim 1, and further teaches wherein the auxiliary port is fluidly coupled to a hydraulic cylinder to cause the hydraulic cylinder to open a flush valve to cause a flushing operation (24, Fig. 1, 2, 3 - see how the auxiliary port 33 is fluidly coupled to a hydraulic cylinder 24 via a bottom port to cause the cylinder to open the flush valve 11 to cause a flushing operation; page 2, col 1, In 3-26; page 2, col 2, In 4-42).
Claim(s) 1, 10 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jensen (WO 2020005660).
Regarding claim 1 Jensen discloses a plumbing fixture system (100, Fig. 1A, 1B; para[0037], 'a toilet tank assembly 100') comprising:
a plumbing fixture bowl (Fig. 1A, 18; 'Upon initiation of a siphon, flush water will exit core 102 through outlet 112 to a bowl (not shown)');
a plumbing fixture tank coupled to the plumbing fixture bowl (Fig. 1A, 1B - see tank coupled to the bowl via the outlet 112; 'a toilet tank assembly 100'), wherein the plumbing fixture tank is configured to house liquid (Fig. 1A, 1B; para[0036], 'a flush valve may be positioned in a tank with a starting tank water level sufficient to reach the top of the head'), and wherein the plumbing fixture tank is configured to provide at least a portion of the liquid to the plumbing fixture bowl to flush the plumbing fixture bowl (Fig. 1A, 1B; 'Upon initiation of a siphon, flush water will exit core 102 through outlet 112 to a bowl (not shown)'); and
a fill valve assembly disposed in the plumbing fixture tank (107, Fig. 1A, 18; para[0037], 'fill valve 107'), wherein the fill valve assembly comprises an auxiliary port (106, Fig. 1A, 18- see how the fill valve assembly 107 comprises an auxiliary port connected to pressure line 106; 'causing fluid flow from first pressure line 106 coupled to fill valve 107'), wherein the auxiliary port is configured to modify a level of the liquid in the plumbing fixture tank (Fig. 1A, 1B - see how the auxiliary port modifies a level of liquid in the tank since the port triggers a flushing operation).
Regarding claim 10 Jensen discloses the plumbing fixture system of claim 1, and further teaches the system further comprising a metering valve configured to provide flow through the auxiliary port for a predetermined amount of time (105, Fig. 1A, 18 'Upon detection of presence and subsequent absence of a user, sensor 104 will signal solenoid valve 105 to open, causing fluid flow from first pressure line 106 coupled to fill valve 107, through second pressure line 108 to a spray initiator (not visible) coupled to spray fitting 109 in head 103 and into tubular core 102 to initiate a siphon'; 'Alternatively, a solenoid may be replaced with a metering valve or hydro-mechanical valve. Hydro-mechanical and/or metering valves may use line pressure and/or springs to temporarily open the valve').
Regarding claim 11 Jensen discloses the plumbing fixture system of claim 1, and further teaches wherein the auxiliary port is configured to modify the level of the liquid in the plumbing fixture tank by increasing the level of the liquid in the plumbing fixture tank to cause a siphonic actuation of a siphonic flush valve disposed in the plumbing fixture tank to cause a flushing operation (101, Fig. 1A, 1B - see how the port 106 is configured to modify the level of liquid in the tank by increasing the level of the liquid in the tank to cause a siphonic actuation of a siphonic flush valve 101 to cause a flushing operation; 'siphon valve assembly 101 is configured to be automatically electrically initiated via presence sensor 104. Upon detection of presence and subsequent absence of a user, sensor 104 will signal solenoid valve 105 to open, causing fluid flow from first pressure line 106 coupled to fill valve 107, through second pressure line 108 to a spray initiator (not visible) coupled to spray fitting 109 in head 103 and into tubular core 102 to initiate a siphon. Upon initiation of a siphon, flush water will exit core 102 through outlet 112 to a bowl (not shown)').
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Owens (US 2,341,116).
Regarding claim 3 Owens discloses the plumbing fixture system of claim 2, but does not specifically teach wherein the first liquid flow is about 3 to about 11 liters per minute and the second liquid flow is about 7 to about 22 liters per minute. While Owens does not specifically teach wherein the first liquid flow is about 3 to about 11 liters per minute and the second liquid flow is about 7 to about 22 liters per minute, it is well known in the art that routine experimentation and various engineering design choices could have been used in order to have arrived at the first liquid flow being about 3 to about 11 liters per minute and the second liquid flow being about 7 to about 22 liters per minute. Accordingly, it would have been obvious to one of ordinary skill in the art to have arrived at the first liquid flow being about 3 to about 11 liters per minute and the second liquid flow being about 7 to about 22 liters per minute for Owens' plumbing fixture system, in order to have allowed for an efficient flushing actuating flow, while also allowing for the tank to quietly and efficiently refill after the flushing operation.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Owens (US 2,341,116) in view of Johnson (US 4,574,826).
Regarding claim 4 Owens discloses the plumbing fixture system of claim 2, and further teaches wherein the first liquid flow passes through a fill valve before exiting the fill valve outlet, and wherein the second liquid flow exits the auxiliary port without passing through the fill valve (Fig. 1, 2, 3 - see how the first liquid flow passes through fill valve 17 before exiting the fill valve outlet 23, and see how the second liquid flow does not pass through the valve 17); but does not specifically teach wherein the first liquid flow passes through a baffle system and vacuum breaker before exiting the fill valve outlet, and wherein the second liquid flow exits the auxiliary port without passing through the baffle system and without passing through the vacuum breaker.
However, Johnson discloses a similar plumbing fixture system (Fig. 1, 2, 4, 7, 9) comprising a fill valve assembly (Fig. 1, 2, 4, 7, 9; col 3, In 5-15, 'fill valve 20') comprising a fill valve outlet (210, Fig. 1, 2; col 4, In 18-29, 'From the head assembly 28, liquid flows through the outlet conduit 106 into the outlet section 208 and into the tank through the outlet port 210') and a fill valve (30, Fig. 4; col 4, In 18-29, 'the main valve assembly 30'); and further teaches wherein a first liquid flow passes through a baffle system and vacuum breaker before exiting the fill valve outlet (34, 500, 516, Fig. 1, 2, 4, 7, 9; col 3, In 16-30, 'A vacuum breaker valve assembly generally designated as 34 (Fig. 4) resists backflow through the fill valve 20, provides an atmospheric vacuum breaker, and contributes as described below to operation of the fill valve 20 in a positive on and off manner'; col 5, In 13-28, 'Diffuser 500 nests within the head portion 102 and provides a path for the flow of liquid from the main valve assembly 30 to the vacuum breaker valve assembly 34'; col 5, In 43-58, 'In order to dissipate flow velocity and attenuate liquid pressures in the fill valve 20, the diffuser includes a plurality of baffle walls 516 in each of the four flow path quadrants...The effect of the repeated right angle turns is to regulate the flow velocity through the fill valve 20 to a desired value while dissipating inlet pressure').
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the fill valve of Owens' plumbing fixture system by employing the fill valve with a baffle system and vacuum breaker as taught by Johnson, such that the first fluid flows through the valve, vacuum breaker and baffle system, and the second flow exits the fill valve assembly prior to the fill valve, in order to have allowed for the first flow to be better regulated to the desired flow velocity, while also preventing backflow through the fill valve.
Allowable Subject Matter
Claims 6-9, and 12-16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hamilton (US 4,142,262) shows and auxiliary port on the fill valve; Schuster (US 7,743,436) shows the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached Monday thru Thursday, 9:30 AM to 6PM EST.
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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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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 6/16/2026
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