DETAILED ACTION
This Office Action is responsive to application number 19/060,118 - FLUSH WATER TANK DEVICE, AND FLUSH TOILET APPARATUS INCLUDING THE SAME, filed on 2/21/25. Claims 1-6 are pending.
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.
Claim 4 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.
Regarding claim 4, the limitation, “a water supply port provided below the water surface of the inner tank, “ is indefinite as the water surface of the inner tank changes in height before and after cleaning, therefore the “below the water surface” level cannot be ascertained. Appropriate correction is required.
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, 4 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asada et al. (US Pub. 2007/0061955).
Regarding Claim 1 Asada shows a flush water tank device (20; Fig. 4) that is attached to a flush toilet main body (at 4) for use to supply flush water, comprising: an outer tank (24) that stores flush water to be supplied to the flush toilet main body (via jet), an inner tank (22) made of resin (¶ [0025]), that is disposed inside the outer tank (Figs. 4-5) and stores flush water to be supplied to the flush toilet main body (via rim), a water supply valve (26) that switches supply and stop of flush water to be stored in the outer tank and the inner tank (¶ [0083]), a first water discharge/stop switching mechanism disposed inside the outer tank (14) and outside the inner tank to switch supply and stop of flush water stored in the outer tank to the flush toilet main body, and a second water discharge/stop switching mechanism (12) disposed inside the inner tank to switch supply and stop of flush water stored in the inner tank to the flush toilet main body (Fig. 5), wherein the water supply valve is configured to supply flush water into the inner tank, and the flush water supplied into the inner tank overflows from two or more sides of the inner tank to flow into the outer tank (¶ [0083]).
Regarding Claim 3 Asada shows the flush water tank device according to claim 1, wherein the inner tank is configured so that a cross-sectional area varies in a height direction and so that a cross- sectional area of an upper part of the inner tank is larger than a cross-sectional area of a lower part (Fig. 5).
Regarding Claim 4 Asada shows the flush water tank device according to claim 1, wherein the water supply valve is configured to cause flush water to flow into the inner tank from a water supply port provided below the water surface of the inner tank (at least when water reaches the top of the inner tank and overflows to the outer tank).
Regarding Claim 6 Asada shows a flush toilet apparatus (20, Figs. 4-5) which is flushed with flush water stored in a flush water tank, comprising: a flush toilet main body including a bowl (2), a rim spout port (16a), and a jet spout port (6), and the flush water tank device according to claim1 that supplies flush water to the rim spout port and the jet spout port of the flush toilet main body (Fig. 6).
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) 2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Asada et al. (US Pub. 2007/0061955).
Regarding Claim 2 Asada shows the flush water tank device according to claim 1, but fails to show wherein the inner tank is configured so that a length of an outer perimeter of an upper end of the inner tank is 1/2 or more of a length of an outer perimeter of an upper end of the outer tank (Fig. 5; length of inner tank appears to be about half of the length of the perimeter of the outer tank, but is not listed as to scale). However, optimizing the length of the upper perimeter of the inner tank in proportion to the upper perimeter of the outer tank is within the level of ordinary skill in the art and motivated by providing the proper amount of flush water to both the rim and the jet. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the preferred dimensions of both tanks for optimizing the flush to both the rim and the jet. In re Aller, 105 USPQ 233. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980); see also MPEP § 2144.05.
Regarding Claim 5 Asada shows the flush water tank device according to claim 1, but fails to show wherein the inner tank is configured so that a length of an outer perimeter of an upper end of the inner tank is longer than a length of an outer perimeter of an upper end of the outer tank. However, this is a design consideration within the level of ordinary skill in the art and not considered critical. The instant invention provides that the upper perimeter of the inner tank may be half of the length of the perimeter of the outer tank and therefore the length of an upper outer perimeter of the inner tank being longer than a length of an outer perimeter of an upper end of the outer tank cannot be considered critical. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to size the upper outer perimeter of the inner tank appropriately for the volume of flush water desired for an efficient flush.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. McHale et al. (US Pub. 2015/0197928) shows the general state of the art; Moriki (JP 2001254420 A) shows the general state of the art.
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 Monday thru Thursday, 9:30 AM to 6PM EST.
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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 6/18/2026
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