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 § 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 22-31 and 33-39 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.
Claims 22-31 do not depend from claim 21 but depend from cancelled claim 1-9.
Claims 32-39 do not depend from claim 31 but depend from cancelled claims 13-18.
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 21, 23-24, 31, 34, 35 are rejected under 35 U.S.C. 103 as being unpatentable over Schomburg et al. (2017/0051486) in view of Klevens et al. (2015/0233146).
Schomburg et al. disclose a system of managing toilet flushing in a bathroom stall comprising a door locking member 174 (Fig. 9); a latch 174 capable of translating from a first position to a second position; a sensor 172,176 configured for sensing the latch 174 when the latch 174 is in the second position (a locking position); and a toilet flushing controller 118 (Figs.1 and 14) or controller 119 (Fig. 15) operatively joined to the sensor 172,176; and a toilet flushing actuator 134 (water pump) controlled by the toilet flushing controller 118, wherein the flushing actuator 134 selectively initiates flushing of a toilet (low flow or high flow) in response to receiving the signal from the sensor 172,176.
Schomburg et al. do not teach the door member 174 comprising a door lock chamber; a slider is inserted in the door lock chamber in the first position and the slider is free of the door lock chamber in the second position; a sensor configured for sensing the slider when the slider the second position; and a signal emitter operatively connected to the sensor and configured to send a wireless signal to a flush signal receiver upon sensing by the sensor that the slider has been moved to the second position, wherein the flush signal receiver is configured to receive the wireless signal from the signal emitter in a stall door latch, the wireless signal indicating that the slider has been moved to the second position. Attention is directed to Klevens et al. which teaches a door locking member 20 comprising a door lock chamber 42 (Figs. 3,4) a slider 20 is inserted in the door lock chamber 42 in the first position and the slider 20 is free of the door lock chamber 42 in the second position; a sensor 64 (Fig.10) for sensing the slider 20 in the second position (Figs. 3 and 4); and a signal emitter 24 (Fig. 12) operatively connected to the sensor 64 and configured to send a wireless signal 26 to a signal receiver 84 (Fig. 12) upon sensing by the sensor that the slider has been moved to the second position, wherein the signal receiver 84 is configured to receive the wireless signal from the signal emitter 24 in a stall door latch, the wireless signal indicating that the slider 20 has been moved to the second position.
Therefore, it would have been obvious to one of skill in the art to modify Schomburg et al. system to include a door locking member comprising a door lock chamber, a slider inserted into the door lock chamber in a first position and free of the door lock chamber in a second position, a sensor for sensing the slider; a signal emitter connected to the slider and a signal receiver connected to the flushing controller in view of the Klevens et al. for sending a wireless signal upon sensing by the sensor that the slider is in a second position to the flushing controller 118 instead of using wired connection so that the controller 118 can selectively initiate flushing the toilet.
Regarding claim 34 (assuming depending from claim 32), Klevens et al. disclose the wireless signal indicates only the instance of the retraction of the slider 20 of the stall door latch 12.
Regarding claim 35 (assuming depending from claim 32), the retraction of the slider 20 in the stall door latch 12 comprises an unlocking of the stall door latch 12.
Regarding claim 21, Schomburg et al. in view of Klevens et al. teaching a method of triggering a flushing actuator on a toilet 114 comprising sensing a retraction of a slider 20 in a toilet stall door latch; and transmitting a wireless signal 26 by a transmitter 24 incorporated with the stall door latch 12, the wireless signal indicating only that a retraction of the slider 20 has been sensed; wherein a control circuitry receives the wireless signal and selectively initiates a flush of the toilet.
Regarding claim 23 (assuming depending from claim 21), the wireless signal indicates only the instance of the retraction of the slider 20 of the stall door latch 12.
Regarding claim 24, (assuming depending from claim 21), the retraction of the slider 20 in the stall door latch 12 comprises an unlocking of the stall door latch 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN D LE whose telephone number is (571)272-4890. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 517-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
HUYEN D. LE
Primary Examiner
Art Unit 3754
/HUYEN D LE/Primary Examiner, Art Unit 3754
Prosecution Insights