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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 6/8/26 is acknowledged.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/8/26.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
Any specific structures required to define a clamping groove and/or to facilitate the reservoir being ‘clamped’ in the clamping groove (Claim 8)
A plurality of atomizing nozzles aligned with a single tank wall through hole (Claims 1, 11. If this is Applicant’s intention instead of one nozzle per tank wall through hole).
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 11 are objected to because of the following informalities:
Claim 1 requires “a plurality of atomizing nozzles disposed in the accommodating tank aligned with the at least one tank wall through hole”. Based upon Applicant’s disclosure there does not appear to be an embodiment in which multiple (plural) nozzles are in alignment with a single tank through hole.
For the purpose of examination any prior art disclosing or teaching a plurality of nozzles with each nozzle in alignment with a respective through hole in a housing/accommodating tank as satisfying the claim limitation.
Claim 11 requires “a plurality of atomizing nozzles disposed in the accommodating tank aligned with the at least one tank wall through hole”. Based upon Applicant’s disclosure there does not appear to be an embodiment in which multiple (plural) nozzles are in alignment with a single tank through hole.
For the purpose of examination any prior art disclosing or teaching a plurality of nozzles with each nozzle in alignment with a respective through hole in a housing/accommodating tank as satisfying the claim limitation
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 11 of U.S. Patent No. 12,156,618. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, Claims 2 and 11 of ‘618 both require the limitations of pending claim 1 including the seat ring, accommodating tank with plurality of through holes and a plurality of atomizing nozzles aligned with the through holes.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-6, 9-10, 12-13, 15 and 17 of U.S. Patent No. 12,156,618 in view of KR 200445466 (KR).
Regarding claims 1 and 11, Claims 1, 10, 15 and 17 of ‘618 all require the limitations of a seat ring, an accommodating tank at a rear of the seat ring with at least one through hole in a front tank wall and at least one atomizing nozzle disposed in the accommodating tank communicating with the tank wall through hole. However they do not require a plurality of said nozzles or that the nozzles are aligned with the through holes.
KR teaches a toilet (10) comprising a seat assembly comprising a seat ring (120), and an accommodating tank (110/112/114) disposed at a rear portion of the seat ring (Fig. 1-3). The accommodating tank comprises a plurality of tank wall through holes (116) formed in a front side tank wall (Fig. 6 – opening 116 formed in front wall of 114 for nozzle 160 to extend through) and a plurality of nozzles (160) are disposed in the accommodating tank aligned with the tank wall through holes (Figs. 1-3, 6).
It would have been obvious to one of ordinary skill in the art to align the atomizing nozzles with the accommodating tank through holes, as taught by KR, so as to facilitate the dispensing of liquid/cleaner by the nozzles to the exterior of the accommodating tank.
It would have been obvious to provide a plurality of nozzles and tank through holes, as taught by KR, so as to increase the coverage area and effectiveness of the cleaning nozzles.
It would have been obvious to utilize the seat system on a toilet, as taught by KR, so as to provide a more hygienic bathroom experience.
Regarding claims 2-3, 6, 13-14 and 17, Claims 5 and 10 of ‘618 imparts the additional limitations regarding the nozzle shell, installation cavity, atomizing sheet and piezoelectric sheet.
Regarding claims 4 and 15, Claims 6 and 13 of ‘618 details the spray hole and liquid outlet of the nozzle being coaxially aligned.
Regarding claims 5 and 16, Claim 7 of ‘618 details the piezoelectric ring.
Regarding claims 7 and 18, Claims 1, 10, 15 and 17 further require a liquid reservoir within the accommodating tank.
Regarding claim 8, Claim 9 of ‘618 details the requirement of a clamping groove in the accommodating tank for the liquid reservoir.
Regarding claim 9, Claim 4 of ‘618 further details the inclusion of a pump in the liquid reservoir.
Regarding claims 10 and 19, Claims 3 and 12 of ‘618 each further require the outlet end of the atomizing nozzle be inserted into a tank wall through hole.
Regarding claim 12, Claim 15 of ‘618 further requires a controller.
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.
Claim 19 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.
Claim 19 recites the limitation "The toilet of claim 1" in the first line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 depends from claim 1 which does not positively recite a toilet but a toilet seat. Claim 11 recites a toilet seat.
Claim Rejections - 35 USC § 103
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 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 1-7 and 10-19 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2020037781 (Harada) in view of KR 200445466 (KR).
Regarding claim 1, Harada discloses a toilet seat assembly comprising:
a seat ring (13) comprising a rear portion (The seat ring will have a rear and Figs. 2-4 are described as depicting the cleaning assembly at a rear of the seat);
an accommodating tank (15) disposed to a rear of the seat ring (Fig. 3) and comprising a front side tank wall; and
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a plurality of atomizing (Para. 0020; Atomizers configured to generate mist) nozzles (7/37) disposed in the accommodating tank each aligned with a front of the accommodating tank and configured to spray/dispense through the front wall of the accommodating tank (Figs. 2-4 – spray 10).
Harada discloses the accommodating tank as a ‘bidet toilet seat device’ for containing portions of a bidet system such as a fan which is located at a rear of the seat (Para. 0035; Fig. 2-4) but doesn’t explicitly describe or depict that the accommodating tank and seat are part of a singular seat assembly structure. While Harada discloses that the nozzles are arranged at a front of the accommodating tank and would require and opening to spray from it does not explicitly depict or describe such openings.
KR teaches a toilet seat assembly comprising a seat ring (120) and an accommodating tank (110/112/114) disposed at a rear portion of the seat ring (Fig. 1-3). The accommodating tank comprises a plurality of tank wall through holes (116) are formed in a front side tank wall (Fig. 6 – opening 116 formed in front wall of 114 for nozzle 160 to extend through) and a plurality of nozzles (160) are disposed in the accommodating tank aligned with the tank wall through holes (Figs. 1-3, 6).
It would have been obvious to one of ordinary skill in the art to configure the toilet seat assembly such that the accommodating tank is part of the seat assembly, as taught by KR, so that the entire toilet seat assembly with cleaning system can be installed onto a toilet without requiring additional structures such as supports for installing/supporting the accommodating tank and cleaning system.
It would have been obvious to one of ordinary skill in the art to provide tank through holes in the front side tank wall of the accommodating tank aligned with the nozzles, as taught as KR, to facilitate the passage of the nozzles and/or fluid/cleaner dispensed from the nozzle from the accommodating tank to the seat assembly/toilet.
Regarding claim 2, Harada states that the atomizing nozzles comprise a nozzle shell (20) comprising an installation cavity (Figs. 6, 7 – interior containing 8/21) and an atomizing sheet (8) comprising at least one spray hole (18).
Regarding claim 3, Harada states that the atomizing nozzle comprises a piezoelectric sheet (21) connected to one side of the atomizing sheet, wherein a liquid inlet (40/supply side; annotated below) and a liquid outlet (10/outlet side; annotated below) are respectively disposed on the nozzle shell and are respectively communicated with the installation cavity.
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Regarding claim 4, Harada states that the at least one spray hole (18) and the liquid outlet end are coaxially arranged (Fig. 6, annotated above; Para. 0028).
Regarding claim 5, Harada states that the piezoelectric sheet is a piezoelectric ring surrounding the at least one spray hole (Fig. 6B; Para. 0011).
Regarding claim 6, Harada states that the piezoelectric sheet and the atomizing sheet are disposed in the installation cavity (Fig. 6B) and the at least one spray hole faces the liquid outlet end (Fig. 6).
Regarding claim 7, Harada states the provision of a liquid reservoir (31) configured to store disinfectant and be disposed in the accommodating tank (Fig. 2-4).
Regarding claim 10, Harada in view of KR teaches aligning a plurality of nozzles with respective tank wall through holes in the front of an accommodating tank as previously discussed. Harada further states that each of the plurality of atomizing nozzles comprises a liquid outlet end (annotated figure below) from which a liquid/cleanser is dispensed.
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KR further teaches that a liquid outlet end (160a) of the nozzles (16) is inserted into a respective through hole (116) (Fig. 6).
It would have been obvious to one of ordinary skill in the art to insert a liquid outlet of a nozzle into a tank wall through hole, as taught by KR, to prevent dispensed liquid/cleaner from remaining within the accommodating tank and failing to exit through the tank wall through hole.
Regarding claim 11, Harada discloses a toilet comprising:
a toilet bowl (14); and
a toilet seat assembly comprising:
a seat ring (13) comprising a rear portion (The seat ring will have a rear and Figs. 2-4 are described as depicting the cleaning assembly at a rear of the seat);
an accommodating tank (15) disposed to a rear of the seat ring (Fig. 3) and comprising a front side tank wall; and
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a plurality of atomizing (Para. 0020; Atomizers configured to generate mist) nozzles (7/37) disposed in the accommodating tank each aligned with a front of the accommodating tank and configured to spray/dispense through the front wall of the accommodating tank (Figs. 2-4 – spray 10).
Harada discloses the accommodating tank as a ‘bidet toilet seat device’ for containing portions of a bidet system such as a fan which is located at a rear of the seat (Para. 0035; Fig. 2-4) but doesn’t explicitly describe or depict that the accommodating tank and seat are part of a singular seat assembly structure. While Harada discloses that the nozzles are arranged at a front of the accommodating tank and would require and opening to spray from it does not explicitly depict or describe such openings.
KR teaches a toilet seat assembly comprising a seat ring (120) and an accommodating tank (110/112/114) disposed at a rear portion of the seat ring (Fig. 1-3). The accommodating tank comprises a plurality of tank wall through holes (116) are formed in a front side tank wall (Fig. 6 – opening 116 formed in front wall of 114 for nozzle 160 to extend through) and a plurality of nozzles (160) are disposed in the accommodating tank aligned with the tank wall through holes (Figs. 1-3, 6).
It would have been obvious to one of ordinary skill in the art to configure the toilet seat assembly such that the accommodating tank is part of the seat assembly, as taught by KR, so that the entire toilet seat assembly with cleaning system can be installed onto a toilet without requiring additional structures such as supports for installing/supporting the accommodating tank and cleaning system.
It would have been obvious to one of ordinary skill in the art to provide tank through holes in the front side tank wall of the accommodating tank aligned with the nozzles, as taught as KR, to facilitate the passage of the nozzles and/or fluid/cleaner dispensed from the nozzle from the accommodating tank to the seat assembly/toilet.
Regarding claim 12, Harada states the inclusion of a controller (5) configured to provide a vibration circuit to disperse disinfectant using the plurality of atomizing nozzles (Para. 0034).
Regarding claim 13, Harada states that the atomizing nozzles comprise a nozzle shell (20) comprising an installation cavity (Figs. 6, 7 – interior containing 8/21) and an atomizing sheet (8) comprising at least one spray hole (18).
Regarding claim 14, Harada states that the atomizing nozzle comprises a piezoelectric sheet (21) connected to one side of the atomizing sheet, wherein a liquid inlet (40/supply side; annotated below) and a liquid outlet (10/outlet side; annotated below) are respectively disposed on the nozzle shell and are respectively communicated with the installation cavity.
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Regarding claim 15, Harada states that the at least one spray hole (18) and the liquid outlet end are coaxially arranged (Fig. 6, annotated above; Para. 0028).
Regarding claim 16, Harada states that the piezoelectric sheet is a piezoelectric ring surrounding the at least one spray hole (Fig. 6B; Para. 0011).
Regarding claim 17, Harada states that the piezoelectric sheet and the atomizing sheet are disposed in the installation cavity (Fig. 6B) and that at least one spray hole (18) faces the liquid outlet end of the at least one atomizing nozzle (Fig. 6).
Regarding claim 18, Harada states the provision of a liquid reservoir (31) configured to store disinfectant and be disposed in the accommodating tank (Fig. 2-4).
Regarding claim 19, Harada in view of KR teaches aligning a plurality of nozzles with respective tank wall through holes in the front of an accommodating tank as previously discussed. Harada further states that each of the plurality of atomizing nozzles comprises a liquid outlet end (annotated figure below) from which a liquid/cleanser is dispensed.
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KR further teaches that a liquid outlet end (160a) of the nozzles (16) is inserted into a respective through hole (116) (Fig. 6).
It would have been obvious to one of ordinary skill in the art to insert a liquid outlet of a nozzle into a tank wall through hole, as taught by KR, to prevent dispensed liquid/cleaner from remaining within the accommodating tank and failing to exit through the tank wall through hole.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Harada in view of KR as applied to claim 7 above, and further in view of US 11,421,411 (Giertz).
Regarding claim 8, Harada states the inclusion of a liquid reservoir in the accommodating tank as previously discussed but does not state that the liquid reservoir is clamped in a ‘clamping groove’.
Giertz teaches a toilet seat assembly comprising a seat ring (35) and an accommodating tank (15) which is configured to receive liquid reservoirs (80a/80b/80c) within ‘clamping grooves’ (65a/65b/65c/75 – installation locations including rail structures to secure the reservoir in place and prevent lateral movement) to ensure that the reservoir is installed correctly and securely (C3 L13-32).
It would have been obvious to one of ordinary skill in the art to provide the accommodating tank with a clamping groove configured to receive and clamp the liquid reservoir, as taught by Giertz, to facilitate removing the liquid reservoir for refilling or replacement while also assisting in aligning and securing the liquid reservoir during installation.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Harada in view of KR as applied to claim 7 above, and further in view of GB 2483105 (Davidson).
Regarding claim 9, Harada states that a liquid pump (38) can be utilized on a supply line (16) between the liquid reservoir and a nozzle but doesn’t state providing the liquid pump within the liquid reservoir.
Davidson teaches an atomized spray head system for a toilet bowl comprising an atomized spray head (3) supplied through a conduit (2) from a liquid reservoir (4) through the use of a pump (6) which is located within the liquid reservoir (Fig. 1).
It would have been obvious to one of ordinary skill in the art to locate a liquid pump within the liquid reservoir, as taught by Davidson, so as to conserve space and/or so as to facilitate providing pressurized supply of cleaning liquid to a plurality of nozzles with a singular pump for cost/complexity savings.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR 101254769 (KR2) teaches a toilet with a toilet seat assembly comprising an accommodation tank disposed at a rear part of a toilet seat which comprises a plurality of nozzles extending from a front wall of the accommodating tank.
US 2013/0026250 (Burt) is a toilet treatment system comprising atomizing a cleaning solution utilizing different embodiments of liquid reservoirs and nozzles.
US 2020/0263407 (Berger) teaches a toilet seat assembly with an accommodating tank disposed at a rear of a set ring comprising a liquid reservoir and a nozzle assembly.
US 7,028,346 (Ermini) teaches a plurality of nozzles disposed in through holes of a front wall of a housing behind a toilet seat ring.
US 10,982,422 (Schwab) teaches a toilet seat assembly comprising an accommodating tank disposed at a rear of a seat ring and having a liquid reservoir.
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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