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) 1-5, 10, 11, 13, 19, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asada (US Patent 7,325,258).
Regarding Claim 1, Asada shows a siphonic flush toilet assembly, comprising a bowl having an interior surface (2) and an upper perimeter (near 4); a tank (24) configured to hold flush water between flush cycles; a jet channel (18) positioned at a bowl exterior (Fig. 2); a jet flush valve assembly (12) having a jet flush valve inlet (16) and a jet flush valve outlet (below 12); and a trapway (Fig.8B), wherein the jet flush valve assembly is configured to deliver flush water to an isolated jet fluid pathway (18) during a flush cycle (fig.6); the jet fluid pathway comprises the jet channel (18; Fig. 6), the jet channel comprises a jet channel outlet (near 6) positioned in a bowl lower portion for discharging flush water to a bowl sump area during the flush cycle (Fig.6), the jet fluid pathway extends from the jet flush valve outlet to the jet channel outlet (fig.6), the bowl sump area comprises a jet trap (6) defined by the bowl interior surface, the jet trap having an inlet end and an outlet end, the jet trap inlet end receives flush water from the jet channel outlet, the jet trap outlet end is in fluid communication with the trapway (Fig.8), and once primed with flush water, the jet fluid pathway is configured to remain primed before actuation of and after completion of the flush cycle.
Regarding Claim 2, Asada shows the siphonic flush toilet assembly according to claim 1, wherein the jet fluid pathway is isolated from the atmosphere and is configured to prevent air from entering the jet fluid pathway before actuation of and after completion of the flush cycle (through a valve 14).
Regarding Claim 3, Asada shows the siphonic flush toilet assembly according to claim 1, comprising a rim flow pathway (4) open to the atmosphere, wherein the jet channel is isolated from the rim flow pathway (fig.6).
Regarding Claim 4, Asada shows the siphonic flush toilet assembly according to claim 1, wherein during the flush cycle, the jet flush valve assembly (14) is configured to close before a level of the tank flush water falls to a level of the jet flush valve inlet (Fig.2a).
Regarding Claim 5, Asada shows the siphonic flush toilet assembly according to claim 1, wherein the jet trap has a seal depth sufficient to maintain the primed jet fluid pathway, the seal depth defined as a longitudinal distance through the sump area from an uppermost point of the jet channel outlet to an upper surface of a trapway inlet (Fig.2b).
Regarding Claim 10, Asada shows the siphonic flush toilet assembly according to claim 1, wherein the jet fluid pathway comprises a jet manifold (see annaotated figure below) configured to receive flush water from the jet flush valve assembly and to deliver flush water to the jet channel, and wherein once primed with flush water, the jet channel and the jet manifold are configured to remain primed before actuation of and after completion of the flush cycle.
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Regarding Claim 11, Asada shows the siphonic flush toilet assembly according to claim 1, wherein the jet flush valve assembly comprises a flapper cover (14) configured to extend over the jet flush valve inlet (18).
Regarding Claim 13, Asada shows the siphonic flush toilet assembly according to claim 11, wherein the jet flush valve comprises a back-flow preventer.
Regarding Claim 19, Asada shows the siphonic flush toilet assembly according to claim 1, wherein the jet flush valve assembly comprises a chain (14a) having a float (14).
Regarding Claim 20, Asada shows the siphonic flush toilet assembly according to claim 1, comprising two jet channels (16,18).
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) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Asada (US Patent 7,325,258).
Regarding Claims 6-8, Asada shows the siphonic flush toilet assembly according to claim 5, but fails to show an appropriate seal depth. At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to show the appropriate seal depth because Applicant has not disclosed that the specific seal depth provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Asada’s seal depth and the applicant’s invention to perform equally well with either the seal depth taught by Asada or the claimed seal depth because both seal depths are equally capable of keeping the channel sealed. Accordingly, it would have been obvious one of ordinary skill in the art at the effective filing date of the claimed invention to modify the seal depths of Asada to obtain the invention as specified in the claim above because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Asada.
Regarding Claim 9, Asada shows the siphonic flush toilet assembly according to claim 1, but is silent as to the amount of water delivered during the flush cycle. At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to show the appropriate flush volume because Applicant has not disclosed that the specific flush volume provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Asada’s flush volume and the applicant’s invention to perform equally well with either the flush volume taught by Asada or the claimed flush volume because both flush volumes are equally capable of flushing the toilet. Accordingly, it would have been obvious one of ordinary skill in the art at the effective filing date of the claimed invention to modify the flush volume of Asada to obtain the invention as specified in the claim above because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Asada.
Allowable Subject Matter
Claims 12, 14-18 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
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/LAUREN A CRANE/Primary Examiner, Art Unit 3754
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