Prosecution Insights
Last updated: August 17, 2026
Application No. 19/033,955

FLUSH TOILET APPARATUS

Non-Final OA §102
Filed
Jan 22, 2025
Priority
Jan 26, 2024 — JP 2024010040 +1 more
Examiner
BAKER, LORI LYNN
Art Unit
Tech Center
Assignee
Toto Ltd.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
1322 granted / 1683 resolved
+18.6% vs TC avg
Moderate +7% lift
Without
With
+6.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
31 currently pending
Career history
1689
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
42.8%
+2.8% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
18.4%
-21.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1683 resolved cases

Office Action

§102
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 . Specification Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts. In line 1, “The present invention provides” should be deleted. Claim Objections Claims 1-11 are objected to because of the following informalities: The claim(s) are narrative in form and replete with vague language. The structure which goes to make up the device must be clear and positively define the functional relationship of a limitation or specify conditions. The structure must be organized and correlated in such a manner as to present a complete operative device. For example, the phrases: “is provided”, “provided in” are interpreted as being a location or placed in a specific spot. For clarity, the Examiner suggests alternative wording such as “disposed on”, or “arranged within” or “positioned at” in order to describe physical relationships. Additionally, narrative language such as, “so that”, “so as to”, and “in a state in” should be reviewed. In some instances, the language fails to establish how or where (i.e., structurally). Furthermore, the phrases: "to be" and “can be” are interpreted as vague. The inclusion of such subjective expressions introduces ambiguity by suggesting that the claimed element(s) to which they relate, are optional. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited. Since claims 2-6 and 8-11 are in the change of dependency to claims 1 and 7, they too are subjected to the same objections. Appropriate correction is required. Claim Rejections - 35 USC § 102 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. (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) 1-4 and 7 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by JP 2013-050027 A to Shirakawa et al. Regarding claims 1 and 7, Shirakawa discloses (para [0018,0025-0027], Figs. 1, 3, 6,) a flush toilet bowl device ("flush toilet bowl") for flushing with flushing water stored in a flush water tank device (corresponding to "water storage tank 2"), comprising: a flush toilet bowl body ("toilet bowl body 4") provided with a bowl portion ("bowl portion 16") and an inflow port ("flushing water inlet 10a") through which flushing water for flushing the bowl portion flows; and a flush water tank device for storing flushing water for flushing the bowl portion, wherein the flush water tank device comprises a flush water tank body ("internal tank 28") for storing flushing water; a drain passage ("discharge port 34") for discharging the flushing water in the flush water tank body and causing the flushing water to flow into the inflow port of the flush toilet bowl body; an annular seat surface 36 (para [0018, 0019, 0024] ; Fig. 3) provided so as to surround the drain port; and a drain valve ("drainage valve 30", "valve body 42") for discharging and stopping washing water from the washing water tank body by sitting on and leaving the seat surface (Figs. 1-3, a portion standing at a position outside the "valve seat 36" on the inner bottom surface of the "inner tank 28" can be seen, and this portion corresponds to the "flow guide portion that reduces the flow velocity of the washing water toward the center of the drainage passage"). When the drainage valve is seated on the seat surface, an exhaust passage ("overflow pipe 40" in FIG. 3 also functions as an exhaust passage) that communicates a space below the seat surface with a space above the water surface of the washing water stored in the washing water tank body, and a condensation suppressing portion (a portion of the "overflow pipe 40" extending below the "valve body 42" in FIG. 3) provided in the drainage valve so as to suppress condensation of the flow of the washing water from the periphery of the seat surface toward the center when the washing water in the washing water tank body is discharged. PNG media_image1.png 686 762 media_image1.png Greyscale Regarding claim 2, Shirakawa further discloses the guide part (portion of 40), a condensation suppressing portion (a portion of the "overflow pipe 40" extending below the "valve body 42" in FIG. 3) provided in the drainage valve so as to suppress condensation of the flow of the washing water from the periphery of the seat surface toward the center when the washing water in the washing water tank body is discharged. The exhaust passage 40 is provided in the discharge valve and communicates between a lower end of the contraction and merging suppression part and a space above the water surface of the flush water stored in the flush water tank main body (para [0026]-translation provided on IDS, Fig. 3). PNG media_image2.png 375 403 media_image2.png Greyscale Regarding claim 3, Shirakawa further discloses the contraction and merging suppression part is a projection provided in a lower end of the discharge valve and extending downward with respect to the seat surface in a state in which the discharge valve is seated on the seat surface (para [0026], Fig. 3). Regarding claim 4, Shirakawa further discloses a water passageway 12, 24,26 extending from the water inlet 26a of the flush toilet main body is water-sealed by the flush water stored in the flush toilet main body, and an air layer ([para 0043]) is formed between the seat surface and a water seal surface in the water passageway (para [0026], Fig. 3). Allowable Subject Matter Claims 5-6 and 8-11 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. Conclusion The prior art made of record (see USPTO Form 892) and not relied upon is considered pertinent to applicant's disclosure. More specifically, US Patent Publication 20250305267 A1 to Yamasaki et al is directed to the state of the art as a teaching of a flush toilet main body 2, bowl 2a, and discharge trap conduit 2b, discharge valve 8 and rim spout port 2c that controls spouting and stops the flush water. PNG media_image3.png 250 303 media_image3.png Greyscale Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORI BAKER whose telephone number is (571)272-4971. The examiner can normally be reached Monday thru Friday: 9 am - 6 pm CST. 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 571-270-3735. 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. /LORI L BAKER/Primary Examiner, Art Unit 3754
Read full office action

Prosecution Timeline

Jan 22, 2025
Application Filed
Jul 24, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
85%
With Interview (+6.6%)
2y 3m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1683 resolved cases by this examiner. Grant probability derived from career allowance rate.

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