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 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) 1-3, 10, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2016/040957 A1 (hereinafter AS IP Holdco).
Regarding claim 1, AS IP Holdco discloses a plumbing fixture system (a toilet bowl assembly 10, Para. [0176], Fig. 1) comprising: a plumbing fixture bowl forming a liquid pathway (fluid is introduced into the bowl 30 through a rim inlet port 28, Para. [0180], Fig. 1, Fig. 3); a plumbing fixture tank configured to house liquid (the assembly includes a tank 60 that is in fluid communication with a source of fluid, the tank 60 can accept a flow of fluid through the tank, Para. [0187], See Fig. 1 showing a tank 60 configured to house liquid); an actuator configured to evacuate gas from the liquid pathway (See Fig. 36 showing the actuator or actuation bar of the jet flush valve; valves can have an actuator that enables both to open at the same time, which may be done with a standard actuation bar of a flush handle, or can have a timing change and/or adjustment for lift based on the weight of the respective flush valve covers by using a flush actuation handle such as that of Fig. 15, Para. [0191], Fig; 15 is a flush actuation bar for the jet valves of the toilet assembly of Fig. 1, Para. [0087]; the bowl has a closed jet pathway to maintain the jet channel in a primed state with fluid from the jet flush valve assembly to prevent air from entering the closed jet pathway, Abstract); and a flush valve assembly configured to provide at least a portion of the liquid from the plumbing fixture tank to the plumbing fixture bowl via the liquid pathway to flush the plumbing fixture bowl (the assembly 10 includes at least one jet flush valve assembly 70, Fig. 1; a jet flush valve assembly configured for delivery of fluid from the jet flush valve outlet to a closed jet fluid pathway, Para. [0021]; at least one jet flush valve assembly configured for delivery of fluid to a direct-fed introducing fluid from the outlet of the rim valve into the interior area of the toilet bowl, Para. [0035]).
Regarding claim 2, AS IP Holdco discloses the plumbing fixture system of claim 1 above, wherein the flush valve assembly further comprises a flush valve flapper disposed upstream of a flush valve outlet formed by the flush valve assembly (the jet flush valve assembly 70 has a jet flush valve inlet 71 and a jet flush valve outlet 13, a jet flush valve body 21 extends between the inlet 71 and outlet 13 defining an interior flow path, Para. [0177], Fig. 10; the jet flush valve assembly may have a variety of configurations and may be any suitable flush valve assembly known or to be developed in the art, it may be similar to various embodiments of jet flush valves shown in Figs. 35-68, Para. [0177]; Fig. 35 is a jet valve in an open state having a flapper, Para. [0107]; Fig. 35 shows a jet flush valve, 570 having a flapper cover 573, Para. [0278]; See Fig. 35 showing the flapper cover 573 upstream of the jet valve outlet 513).
Regarding claim 3, AS IP Holdco discloses the plumbing fixture system of claim 2 above further comprising a conduit disposed between the actuator and a portion of the flush valve assembly disposed between the flush valve flapper and the flush valve outlet (the jet flush valve assembly 70 has a jet flush valve inlet 71 and a jet flush valve outlet 13, a jet flush valve body 21 extends between the inlet 71 and outlet 13 defining an interior flow path, Para. [0177], Fig. 10; See Fig. 35 showing the actuator of the jet flush valve, or actuation bar, where the body or conduit of the flush valve assembly is between the actuator attached to the flush valve flapper and the flush valve outlet).
Regarding claim 10, AS IP Holdco discloses a flush valve assembly of a plumbing fixture system (the assembly 10 includes at least one jet flush valve assembly 70, Fig. 1), the flush valve assembly comprising: a valve body (the jet flush valve assembly 70 has a jet flush valve inlet 71 and a jet flush valve outlet 13, a jet flush valve body 21 extends between the inlet 71 and outlet 13 defining an interior flow path, Para. [0177], Fig. 10) comprising: an upper distal end configured to interface with a flush valve flapper (the jet flush valve assembly may have a variety of configurations and may be any suitable flush valve assembly known or to be developed in the art, it may be similar to various embodiments of jet flush valves shown in Figs. 35-68, Para. [0177]; Fig. 35 is a jet valve in an open state having a flapper, Para. [0107]; Fig. 35 shows a jet flush valve, 570 having a flapper cover 573, Para. [0278]; Fig. 35 shows on upper distal end 571 of the jet flush valve 570 configured to interface with a flush valve flapper 573); a lower distal end forming a flush valve outlet configured to couple with a liquid pathway formed by a plumbing fixture bowl (Fig. 35 shows a lower distal end 513 of the jet flush valve 570 configured to couple with a liquid pathway formed by a plumbing fixture bowl; the jet flush valve assembly 70 delivers fluid from its jet flush valve outlet 13 to a closed jet fluid pathway 1, Para. [0178]); and a connection structure disposed between the upper distal end and the lower distal end, wherein the connection structure is configured to couple to an actuator via a conduit to evacuate gas from the liquid pathway (the jet flush valve assembly 70 has a jet flush valve inlet 71 and a jet flush valve outlet 13, a jet flush valve body 21 extends between the inlet 71 and outlet 13 defining an interior flow path, Para. [0177], Fig. 10; See Fig. 35 showing the actuator of the jet flush valve, or actuation bar, where the body or conduit of the flush valve assembly structure is configured to couple the actuator via a conduit).
Regarding claim 17, AS IP Holdco teaches a control system (see Fig. 15) comprising a user interface (handle H) configured to receive user input associated with priming a liquid pathway formed by a plumbing fixture bowl (see Abstract: the bowl has a closed jet pathway to maintain the jet channel in a primed state with fluid from the jet flush valve assembly to prevent air from entering the closed jet pathway); and a controller (see Fig. 15) configured to receive the user input; and responsive to the user input, cause an actuator (75 in Fig. 15) to evacuate gas from the liquid pathway (valves can have an actuator that enables both to open at the same time, which may be done with a standard actuation bar of a flush handle, or can have a timing change and/or adjustment for lift based on the weight of the respective flush valve covers by using a flush actuation handle such as that of Fig. 15, Para. [0191]; Fig.15 is a flush actuation bar for the jet valves of the toilet assembly of Fig. 1, Para. [0087]; the bowl has a closed jet pathway to maintain the jet channel in a primed state with fluid from the jet flush valve assembly to prevent air from entering the closed jet pathway, Abstract), wherein a flush valve assembly 70 is configured to provide liquid from a plumbing fixture tank to the plumbing fixture bowl via the liquid pathway to flush the plumbing fixture bowl (the assembly 10 includes at least one jet flush valve assembly 70, Fig. 1; a jet flush valve assembly configured for delivery of fluid from the jet flush valve outlet to a closed jet fluid pathway, Para. [0021]; at least one jet flush valve assembly configured for delivery of fluid to a direct-fed introducing fluid from the outlet of the rim valve into the interior area of the toilet bowl, Para. [0035]).
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) 4-8, 11-15 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over AS IP Holdco in view of US 8,544,123 (hereinafter Okubo).
Regarding Claim 4, AS IP Holdco discloses the plumbing fixture system of claim 1 as discussed above. AS IP Holdco discloses a control system but fails to explicitly disclose sensor configured to provide sensor data associated with a primed liquid level and the evacuation of the gas based on the sensor data.
Okubo teaches an analogous plumbing fixture system comprises a control system having a sensor configured to provide sensor data associated with a primed liquid level (float switch 32b turns ON due to the rise in the water level in the reservoir tank 32, which turns OFF the electromagnetic valve 22 such that the inflow of flush water to the reservoir tank 32 is stopped, Col. 18, lines 33-37, Fig. 9; the electromagnetic valve 22 is opened and closed by a controller 40 control signal, Col. 9, lines 32-33) and a controller configured to control the actuator to evacuate the gas based on the sensor data (a controller 40 for controlling the rpm and operating time of the pressurizing pump 34, Col. 9, lines 13-16; a pump controller which regulates the operation and speed of the pressurizing pump to regulate the flow speed and flow rate of flush water discharged from the jet water discharge opening, Abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the control system of AS IP Holdco with a control system as taught by Okubo, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding Claim 5, AS IP Holdco teaches the plumbing fixture system of claim 4 above but fails to explicitly disclose wherein the actuator comprises an electric pump configured to evacuate the gas from the liquid pathway.
Okubo teaches an actuator comprises an electric pump configured to evacuate the gas from the liquid pathway (a pressurizing pump 34, Col. 9, line 11, Fig. 3; a pump controller which regulates the operation and speed of the pressurizing pump to regulate the flow speed and flow rate of water, Abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the actuator of AS IP Holdco with an actuator as taught by Okubo, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding Claim 6, AS IP Holdco discloses the plumbing fixture system of claim 1 as discussed above but fails to explicitly disclose wherein the actuator comprises a Venturi device configured to evacuate the gas from the liquid pathway.
Okubo teaches an actuator comprises a Venturi device configured to evacuate the gas from the liquid pathway (a pressurizing pump 34, Col. 9, line 11, Fig. 3; a pressurizing pump is a Venturi device).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the actuator of AS IP Holdco with an actuator as taught by Okubo, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding Claim 7, AS IP Holdco and Okubo teaches the plumbing fixture system of claim 6 above, wherein Okubo teaches the Venturi device is coupled to a fill valve assembly, and wherein responsive to liquid level of the plumbing fixture tank meeting a threshold level, the fill valve assembly provides liquid through the Venturi device to evacuate the gas from the liquid pathway (an upper end float switch 32b and a lower end float switch 32c are disposed inside the reservoir tank 32 and detect the water level inside the reservoir tank, Col. 9, lines 65-67; when the water level in the reservoir tank 32 reaches a predetermined stored water level, the tank water supply vacuum breaker 30 senses this and causes the electromagnetic valve 22 to close, this is sensed by the tank water supply vacuum breaker 30, which stop the pressurizing pump 34, Col. 10, lines 2-8).
Regarding Claim 8, AS IP Holdco and Okubo teaches the plumbing fixture system of claim 6 above, wherein Okubo teaches the actuator further comprises a solenoid valve, wherein a controller is to actuate the solenoid valve to provide liquid through the Venturi device to evacuate the gas from the liquid pathway (an electromagnetic valve 22 is opened and closed by a controller 40 control signal, Col. 9, lines 32-34; a solenoid valve is an electromechanically operated valve; solenoid valves are used to close, open or mix the flow of liquid in a pipe).
Regarding Claim 11, AS IP Holdco discloses the flush valve assembly of claim 10 as discussed above. AS IP Holdco discloses a control system but fails to explicitly disclose sensor configured to provide sensor data associated with a primed liquid level and the evacuation of the gas based on the sensor data.
Okubo teaches an analogous plumbing fixture system comprises a control system having a sensor configured to provide sensor data associated with a primed liquid level (float switch 32b turns ON due to the rise in the water level in the reservoir tank 32, which turns OFF the electromagnetic valve 22 such that the inflow of flush water to the reservoir tank 32 is stopped, Col. 18, lines 33-37, Fig. 9; the electromagnetic valve 22 is opened and closed by a controller 40 control signal, Col. 9, lines 32-33) and a controller configured to control the actuator to evacuate the gas based on the sensor data (a controller 40 for controlling the rpm and operating time of the pressurizing pump 34, Col. 9, lines 13-16; a pump controller which regulates the operation and speed of the pressurizing pump to regulate the flow speed and flow rate of flush water discharged from the jet water discharge opening, Abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the control system of AS IP Holdco with a control system as taught by Okubo, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding Claim 12, AS IP Holdco teaches the plumbing fixture system of claim 11 above but fails to explicitly disclose wherein the actuator comprises an electric pump configured to evacuate the gas from the liquid pathway.
Okubo teaches an actuator comprises an electric pump configured to evacuate the gas from the liquid pathway (a pressurizing pump 34, Col. 9, line 11, Fig. 3; a pump controller which regulates the operation and speed of the pressurizing pump to regulate the flow speed and flow rate of water, Abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the actuator of AS IP Holdco with an actuator as taught by Okubo, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding Claim 13, AS IP Holdco discloses the plumbing fixture system of claim 10 as discussed above but fails to explicitly disclose wherein the actuator comprises a Venturi device configured to evacuate the gas from the liquid pathway.
Okubo teaches an actuator comprises a Venturi device configured to evacuate the gas from the liquid pathway (a pressurizing pump 34, Col. 9, line 11, Fig. 3; a pressurizing pump is a Venturi device).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the actuator of AS IP Holdco with an actuator as taught by Okubo, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding Claim 14, AS IP Holdco and Okubo teaches the plumbing fixture system of claim 13 above, wherein Okubo teaches the Venturi device is coupled to a fill valve assembly, and wherein responsive to liquid level of the plumbing fixture tank meeting a threshold level, the fill valve assembly provides liquid through the Venturi device to evacuate the gas from the liquid pathway (an upper end float switch 32b and a lower end float switch 32c are disposed inside the reservoir tank 32 and detect the water level inside the reservoir tank, Col. 9, lines 65-67; when the water level in the reservoir tank 32 reaches a predetermined stored water level, the tank water supply vacuum breaker 30 senses this and causes the electromagnetic valve 22 to close, this is sensed by the tank water supply vacuum breaker 30, which stop the pressurizing pump 34, Col. 10, lines 2-8).
Regarding Claim 15, AS IP Holdco and Okubo teaches the plumbing fixture system of claim 14 above, wherein Okubo teaches the actuator further comprises a solenoid valve, wherein a controller is to actuate the solenoid valve to provide liquid through the Venturi device to evacuate the gas from the liquid pathway (an electromagnetic valve 22 is opened and closed by a controller 40 control signal, Col. 9, lines 32-34; a solenoid valve is an electromechanically operated valve; solenoid valves are used to close, open or mix the flow of liquid in a pipe).
Regarding Claim 18, AS IP Holdco and Okubo teaches the control system of claim 17 as discussed above but fails to explicitly disclose a sensor configured to provide sensor data associated with a primed liquid level and the evacuation of the gas based on the sensor data.
Okubo teaches an analogous plumbing fixture system comprises a control system having a sensor configured to provide sensor data associated with a primed liquid level (float switch 32b turns ON due to the rise in the water level in the reservoir tank 32, which turns OFF the electromagnetic valve 22 such that the inflow of flush water to the reservoir tank 32 is stopped, Col. 18, lines 33-37, Fig. 9; the electromagnetic valve 22 is opened and closed by a controller 40 control signal, Col. 9, lines 32-33) and a controller configured to control the actuator to evacuate the gas based on the sensor data (a controller 40 for controlling the rpm and operating time of the pressurizing pump 34, Col. 9, lines 13-16; a pump controller which regulates the operation and speed of the pressurizing pump to regulate the flow speed and flow rate of flush water discharged from the jet water discharge opening, Abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the control system of AS IP Holdco with a control system as taught by Okubo, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding Claim 19, the combination system of claim 17 above, wherein Okubo teaches an actuator comprises an electric pump configured to evacuate the gas from the liquid pathway (a pressurizing pump 34, Col. 9, line 11, Fig. 3; a pump controller which regulates the operation and speed of the pressurizing pump to regulate the flow speed and flow rate of water, Abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the actuator of AS IP Holdco with an actuator as taught by Okubo, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding Claim 20, the combination system of claim 17 above, wherein Okubo teaches the actuator further comprises a solenoid valve, wherein a controller is to actuate the solenoid valve to provide liquid through the Venturi device to evacuate the gas from the liquid pathway (an electromagnetic valve 22 is opened and closed by a controller 40 control signal, Col. 9, lines 32-34; a solenoid valve is an electromechanically operated valve; solenoid valves are used to close, open or mix the flow of liquid in a pipe).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the actuator of AS IP Holdco with an actuator as taught by Okubo, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Claim(s) 9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over AS IP Holdco in view of in view of US 4,254,934 (hereinafter Amici).
Regarding Claim 9, AS IP Holdco discloses the plumbing fixture system of claim 1 as discussed above. AS IP Holdco fails to explicitly disclose wherein the actuator comprises a manual pump, and wherein the plumbing fixture system further comprises a user interface configured to actuate the manual pump to evacuate the gas from the liquid pathway.
Amici teaches an actuator for a toilet flush valve comprises a manual pump actuator (push-button pump P) having a user interface (the push-button) configured to actuate the manual pump.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the actuator of AS IP Holdco with an actuator as taught by Amici, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding Claim 16, AS IP Holdco discloses the plumbing fixture system of claim 10 as discussed above. AS IP Holdco fails to explicitly disclose wherein the actuator comprises a manual pump, and wherein the plumbing fixture system further comprises a user interface configured to actuate the manual pump to evacuate the gas from the liquid pathway.
Amici teaches an actuator for a toilet flush valve comprises a manual pump actuator (push-button pump P) having a user interface (the push-button) configured to actuate the manual pump.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was effectively filed to replace the actuator of AS IP Holdco with an actuator as taught by Amici, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 3,662,408 (knudtson) also teaches a manual operator (29) for actuating a toilet flushing valve.
FR-2241664-A1 (Wagret) teaches a plumbing fixture system comprising a push button (10) to activate a relay (11) and a valve (8), thereby priming the siphon.
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/TUAN N NGUYEN/ Primary Examiner, Art Unit 3754
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