DETAILED ACTION
This is the Final Office Action for application number 18/951,565 - AIR DRIVE SYSTEM FOR A TOILET, filed on 11/18/24. Claims 1-20 are pending. This Non-Final Office Action is in response to applicant’s reply dated 6/2/26. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant's amendment necessitated any new ground(s) of rejection presented in this Office action.
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 air driven accessory outside of the toilet of claim 1, 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 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 1-13 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.
Regarding claims 5, 7, 10 and 13 are indefinite as the limitation “air driven device” lacks antecedent basis in the claims.
Claims 1-13 are indefinite as it is unclear what is considered an accessory “outside of the toilet”. The specification does not list specific accessories that may be considered inside or outside of the toilet. For example, is the seat accessory (and the pneumatic solenoid of claims 7-9 and 18) inside or outside of the toilet, is the jet accessory inside or outside of the toilet? Is the wet accessory including a bidet, considered inside or outside of the toilet? The rim jet? The limitation ‘outside of the toilet’ has not been defined in the specification and therefore the limitation is considered indefinite.
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, 5-6, 14-17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Pham (US 4,232,409).
Regarding claim 1 Van Pham shows a method for operation of a toilet, the method comprising: supplying a flow of water through a passthrough passage (at 81) past a base opening (81) of a compression cylinder (38); increasing a fluid space of the compression cylinder or an air pressure associated with an air space of the compression cylinder in response to the flow of water (note, col. 10, lines 50-61); opening an outlet orifice adjoining the air space (128) in response to the increase in the fluid space or the air pressure of the air space; and providing, in response to opening the outlet orifice, a flow of air through an air drive passage (132) to an air driven accessory ‘outside of’ the toilet (46, 47; considered outside of the toilet in the same way the instant invention considers the jet accessory outside of the toilet; and in the same way the instant invention considers the jet an ‘accessory’ ¶ [0025] instant invention).
Regarding Claim 2 Van Pham shows the method of claim 1, wherein the outlet orifice is opened using an air vent (121; note, col. 13, lines 18-31).
Regarding Claim 3 Van Pham shows the method of claim 1, wherein the air vent is released at a predetermined pressure (note, col. 13, lines 18-31; the predetermined pressure of the valve itself).
Regarding Claim 5 Van Pham shows the method of claim 1, wherein the air driven device includes a sump jet for flushing the toilet (where 133 enter 4 is considered a ‘jet’; provides pressurized air for to force evacuation of waste products into the sewage system…aka flushing; note, col. 8, lines 63-68).
Regarding Claim 6 Van Pham shows the method of claim 1, further comprising: supplying a refill flow of water through the passthrough passage past the base opening of the compression cylinder (via 78; note, col. 11, lines 47-68 and col. 12, lines 0-24).
Regarding Claim 14 Van Pham shows a toilet (2) comprising: a bowl (3); a chamber (housing 22); an air space disposed in the chamber (38); a base orifice of the chamber (passage 81) in fluid communication with the air space (via 123, 146); an outlet orifice (port 128) of the chamber adjacent to the air space; a water passage (76) configured to carry a flow of water past the base orifice, wherein the flow of water increases an air pressure associated with the air space (abstract); and an air drive passage configured to supply pressurized air from the chamber to an accessory (6 chamber gate and air activated siphon; note, col. 8, lines 3-13) associated with a toilet.
Regarding Claim 15 Van Pham shows the toilet of claim 14, further comprising: a piston chamber (43) in fluid communication with an air timing space and the air drive passage (Fig. 1).
Regarding Claim 16 Van Pham shows the toilet of claim 15, further comprising: a vent (121) in fluid communication with the air drive passage, wherein the vent is configured to release the pressurized air from the air drive passage (note, col. 13, lines 18-31).
Regarding Claim 17 Van Pham shows the toilet of claim 14, further comprising: a sump (6) disposed at a bottom of a bowl of the toilet and to store water, wherein the accessory comprises a siphoning jet in fluid communication with the air drive passage and configured to provide the pressurized air to expel the water from the sump (where 133 enter 4 is considered a ‘jet’; provides pressurized air for to force evacuation of waste products into the sewage system…aka flushing; note, col. 8, lines 63-68).
Regarding Claim 20 Van Pham shows an accessory (jet at 6) for a toilet (Fig. 1), comprising; a chamber (housing 22) an air space disposed in the chamber (38); a base orifice (passage 81) of the chamber in fluid communication with the air space (via 123, 146); an outlet orifice (port 128) of the chamber adjacent to the air space; a water passage (76) configured to carry a flow of water to the base orifice, wherein the flow of water increases an air pressure associated with the air space (abstract); and an air drive passage configured to supply pressurized air (132) from the chamber to a toilet to an accessory output associated with the toilet (46, 47).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Pham (US 4,232,409) in view of Hidetaka et al. (US 6,986,172).
Regarding Claim 4 Van Pham shows the method of claim 1, but fails to show wherein the outlet orifice is opened in response to a command from a controller. However, providing a valve, that responds to a command form a controller, such that an outlet orifice is opened in response to a command is known in the art. Hidetaka shows a controller (5) that opens an outlet orifice (at 140) in response to a command from the controller (note, col. 8, lines 39-58). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Van Pham to include a opened outlet orifice in response to a command from a controller as shown by Hidetaka for the purpose of making the flushing action automatic.
Claims 7-9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Pham (US 4,232,409) in view of Brower (US 5,123,124).
Regarding Claim 7 Van Pham shows the method of claim 1, but fails to show wherein the air driven device includes a seat operable via a pneumatic solenoid mechanically coupled to the seat and in fluid communication with the air drive passage. However, Brower shows a seat (20), wherein a pneumatic solenoid (93) mechanically coupled to the seat (via lid 14; note, col. 3, lines 49-52; note, col. 4, lines 49-68 and col. 5, lines 0-3) and in fluid communication with an air drive passage (44). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Van Pham to include a seat and a pneumatic solenoid in fluid communication with the air drive passage for the purpose of closing the seat and lid after use as shown by Brower.
Regarding Claim 8 Van Pham as combined shows the method of claim 7, wherein the pneumatic solenoid is configured to move from a first position to a second position when the pressurized air is supplied to the pneumatic solenoid (note, col. 4, lines 49-68 and col. 5, lines 0-3).
Regarding Claim 9 Van Pham as combined shows the method of claim 8, wherein, when the pneumatic solenoid is in the second position, the pneumatic solenoid is configured to transmit a mechanical force (valve plunger 99) to the seat (via lid 14; note, col. 3, lines 49-52) and move the seat to a closed position.
Regarding Claim 18 Van Pham shows the toilet of claim 14, further comprising: but fails to show a seat, wherein the accessory comprises a pneumatic solenoid mechanically coupled to the seat and in fluid communication with the air drive passage. However, Brower shows a seat (20), wherein a pneumatic solenoid (93) mechanically coupled to the seat (via lid 14; note, col. 3, lines 49-52; note, col. 4, lines 49-68 and col. 5, lines 0-3) and in fluid communication with an air drive passage (44). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Van Pham to include a seat and a pneumatic solenoid in fluid communication with the air drive passage for the purpose of closing the seat and lid after use as shown by Brower.
Claims 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Pham (US 4,232,409) in view of Smith et al. (US Pub. 2018/0073231).
Regarding Claim 10 Van Pham shows the method of claim 1, but fails to show wherein the air driven device includes a wet accessory. However, Smith shows a pressure flushing system with a rim jet (accessory, (aperture) at 120’ ¶ [0037]) in fluid communication with a water passage and adjacent to the bowl (Fig. 3) wherein the water passage is configured to supply the first volume of water to the bowl or the sump through the rim jet (¶ [0032]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Van Pham to include a rim jet and wherein the water passage is configured to supply the first volume of water to the bowl for the purpose of providing enough water to clean the bowl and create siphon through the trap as is conventional as shown by Smith.
Regarding Claim 12 Van Pham as combined shows the method of claim 10, further comprising: directing a flow of water to the toilet through the wet accessory.
Terminal Disclaimer
The terminal disclaimer filed on 6/2/26 disclaiming the terminal portion of any patent granted on this application has been reviewed and is accepted. The terminal disclaimer has been recorded.
Allowable Subject Matter
Claims 11, 13 and 19 are 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.
Response to Arguments
Applicant's arguments filed 6/2/26 have been fully considered but they are not persuasive. Applicant argues that claims 1, 14 and 20 as rejected by Van Pham do not show an ‘accessory’ when reciting the chamber gate 6. However, the instant invention categorizes the sump jet as an accessory (¶ [0025]) and because the chamber gate 6 of Van Pham details a similar device for inducing siphoning in the waste passage, it has been considered an “accessory”, and therefore meets the claim language in full and the rejection of record has been maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shirai et al. (US 8,142,572) shows the general state of the art of both a pressure and water flush system; Mansour et al. (US Pub. 2010/0218309) shows the general state of the art of a jet flush system.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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 on Monday thru Thursday, 9:30 AM to 6PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID ANGWIN can be reached on 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 7/2/2026
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