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 Objections
Claims 14 and 15 are objected to because of the following informalities:
Claim 14 requires that:
the rim is formed so that the inner peripheral surface of the rim overhangs inward as being upward
Based upon Applicant’s disclosure, specifically Fig. 1, the phrase ‘overhangs inward as being upward’ is, as best understood, is intended to claim that the inner peripheral surface projects inwardly toward the center of the bowl and upwardly away from the water/bottom of the bowl. For the purpose of examination the claim is being interpreted as requiring:
wherein the rim is formed so that the inner peripheral surface extends/projects inward and upward such that it overhangs the shelf/waste receiving surface
Claim 14 requires that:
an amount of overhang of the inner peripheral surface of the rim is maximized in the front end of the bowl
For the purpose of examination the claim language is being interpreted as:
a length/distance of the overhang in a/the horizontal plane is maximized at the front end of the bowl
Claim 15 requires that:
the rim is formed so that the inner peripheral surface of the rim overhangs inward as being upward
Based upon Applicant’s disclosure, specifically Fig. 1, the phrase ‘overhangs inward as being upward’ is, as best understood, is intended to claim that the inner peripheral surface projects inwardly toward the center of the bowl and upwardly away from the water/bottom of the bowl. For the purpose of examination the claim is being interpreted as requiring:
wherein the rim is formed so that the inner peripheral surface extends/projects inward and upward such that it overhangs the shelf/waste receiving surface
Appropriate correction is required.
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 1-15 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 claim 1, the claim first defines the structure of the toilet bowl by requiring:
a rim formed at a top portion of the waste receiving surface
Before then requiring:
a shelf surface formed between the waste receiving surface and the rim
As a result of this claim language the claim requires both that the rim be formed at a top portion of the waste receiving surface and that the rim and the waste receiving surface be separated by a shelf. These limitations conflict with each other as the rim can’t be both at the top of the waste receiving surface and separated from said surface by a shelf. It is also noted Applicant’s shelf (21) appears to extend around the full perimeter of the bowl.
For the purpose of examination the claim is being interpreted as requiring that the rim be formed ‘above a top portion of the waste receiving surface’ with a shelf surface formed between the waste receiving surface and the rim.
Claims 2-15 are rejected due to their dependency from claim 1.
The term “about the same size” in claim 8 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 9 is rejected due to its dependency from claim 8.
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.
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.
Claims 1, 4-5 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3336267 (Kondo).
Regarding claim 1, Kondo discloses a siphon jet flush toilet, in which flush water is discharged from a rim spout port and a jet spout port at different timings (Para. 0065, 0067), comprising:
a bowl (10) including a bowl-shaped waste receiving surface (20), a rim (24) formed above (‘at a top portion of’) the waste receiving surface, a shelf surface (48, annotated figure below) formed between the waste receiving surface and the rim (Figs. 2, 3), and a basin (22) formed below the waste receiving surface and having a reservoir surface (44) formed inside;
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a discharge trap conduit (18) having an inlet (16) connected to a bottom portion of the bowl to discharge waste (Fig. 2);
a rim spout port (30A-30B) provided in the rim, and spouting flush water along an inner peripheral surface of the rim; and
a jet spout port (28) provided in the bottom portion of the bowl (Fig. 2), and spouting flush water toward the inlet of the discharge trap conduit (Figs. 1, 2 – jet spout is forward of the trap inlet and outputs water rearwardly toward the trap inlet), the flush toilet being formed so that a curvature radius of a front end of the basin is smaller than a curvature radius of the inner peripheral surface of the rim in a front end of the bowl in planar view (Fig. 1 – front of basin 22 in plan view is more pointed/narrower than an inner peripheral surface of the rim at the front of the bowl, annotated figure below).
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Regarding claim 4, Kondo discloses that the flush water is supplied to the rim spout path and jet spout path simultaneously and continuously as well as that the discharge of flush water from the jet spout port and rim spout port overlap (Para. 0060-0067). As such during at least part of a flushing operation water is discharged from both the jet spout port and rim spout port continuously and simultaneously.
Regarding claim 5, Kondo discloses that the waste receiving surface is formed so that an inclination angle at which the waste receiving surface is inclined down toward the center of the bowl is minimized in a front region (Fig. 2, Para. 0065).
Regarding claim 10, Kondo discloses that the rim spout port is disposed behind a position at which a width of the waste receiving surface in a left-right direction is maximized in planar view (30B, Fig. 1).
Regarding claim 11, Kondo discloses that the waste receiving surface is formed in a concave shape recessed downward in a front region of the waste receiving surface (Fig. 2).
Allowable Subject Matter
Claims 2-3, 6-9 and 12-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose a siphon jet flush toilet of the structure including relative curvature radii of components with different rim and jet spout port timings as claimed and wherein after water is discharged from the rim spout port, flush water is discharged from the jet spout port.
The prior art of record does not disclose a siphon jet flush toilet of the structure including relative curvature radii of components with different rim and jet spout port timings as claimed and further comprising an outer shell wherein at the front end of the bowl the curvature of radius of the outer shell is smaller than the curvature of radius of the inner peripheral surface of the rim at the same area.
The prior art of record does not disclose a siphon jet flush toilet of the structure including relative curvature radii of components with different rim and jet spout port timings as claimed with the waste receiving surface being upwardly convex either behind a front portion of the bowl or behind the rim spout when the rim spout is disposed behind a position of maximum left-right width of the bowl in planar view.
The prior art of record does not disclose a siphon jet flush toilet of the structure including relative curvature radii of components with different rim and jet spout port timings as claimed and wherein the rim structure extends inwardly and upwardly in such a manner that it forms an overhang over the shelf/waste receiving surface wherein either the inclination angle of the inner peripheral surface relative to vertical is maximized at the front of the bowl or wherein the inward extension distance of the overhang is maximized in a front of the bowl.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 7,661,153 (Nakamura) is a flush toilet with a rim forming an overhang over a shelf above a waste receiving surface with a rim spout and jet spout however it doesn’t clearly define a basin beneath the waste receiving surface or detail the curvature radius of different parts.
US 9,702,135 (Kashirajima) is a flush toilet with an overhanging rim, a waste receiving surface, a rim spout and a jet spout however there is not clearly defined shelf between the waste receiving surface and the rim and it does not clearly define a basin beneath the waste receiving surface or any radii of curvature.
US 10,370,839 (Kashirajima) is a flush toilet with a shelf above a waste receiving surface that receives flush water from a rim spout and with an overhanging rim and a jet spout supplying a basin at the bottom of the bowl however while it details the curvature radius of the waste receiving surface and the shelf does not detail the curvature radius of the basin or the rim inner surface.
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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