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 § 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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2022/0220717 (hereinafter Kappus).
Regarding claim 1, Kappus discloses a flush toilet apparatus (680, 800) that flushes with flush water stored in a flush water tank (690), comprising: a flush toilet main body (800) including a bowl (800) and a discharge trap conduit (trapway beyond trapway inlet 807; fig. 8B) extending from a lower part of the bowl (fig.8B), a flush water tank main body (690) that stores flush water for flushing the bowl of the flush toilet main body, a rim discharge valve (600R) provided in the flush water tank main body, to control spouting and stop of flush water from one or more rim spout ports (803R) provided in the flush toilet main body, a jet discharge valve (600J) provided in the flush water tank main body, to control spouting and stop of flush water from a jet spout port (803J) provided in the flush toilet main body, a rim conduit (801R) provided in the flush toilet main body, to guide flush water drained via the rim discharge valve to the one or more rim spout ports, and a jet water conduit (801J) provided in the flush toilet main body, to guide flush water drained via the jet discharge valve to the jet spout port, but fails to show explicitly wherein a sum of cross-sectional areas of the one or more rim spout ports is smaller than a cross-sectional area of the jet spout port. However, attention is turned to figure 8A which shows what appears to be a cross-sectional area of the one rim spout port (803R) being smaller than a cross-sectional area of the jet spout port (802J). Kappus teaches “a rim flush valve body may be smaller than a jet flush valve body, for example smaller in a length from inlet to outlet and/or in inlet area and/or outlet area. For example, a rim flush valve body may be from any of about 60%, about 65%, about 70%, or about 75%, to any of about 80%, about 85%, about 90%, or about 95%, of the size of a jet flush valve body size… A relative size of a rim flush valve body and a jet flush valve body may be employed to help determine a desired flow rate and volume through each valve required to cleanse the bowl and initiate a siphon, respectively.” (par. 93, 94). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to explicitly size the cross-sectional areas of the ports such that a sum of cross-sectional areas of the one or more rim spout ports is smaller than a cross-sectional area of the jet spout port to help determine a desired flow rate and volume through each valve required to cleanse the bowl and initiate a siphon.
Regarding claim 2, Kappus shows the flush toilet apparatus according to claim 1, wherein the rim conduit (801R) is configured so that the one or more rim spout ports (803R) are each at the lowest position in a path (R) from the rim discharge valve to the one or more rim spout ports (fig. 8A; par. 89).
Regarding claim 3, Kappus shows the flush toilet apparatus according to claim 1, wherein the jet discharge valve (600J) is opened with elapse of a predetermined time after the rim discharge valve (600R) is opened (par. 98), and the spouting of flush water from the one or more rim spout ports is continued even after the jet discharge valve is closed (par. 98).
Regarding claim 4, Kappus shows the flush toilet apparatus according to claim 3, wherein an instantaneous flowrate of the flush water spouted from the one or more rim spout ports is largest at start of spouting and then gradually decreases (par. 89; gravity-type toilet would produce the recited value since there are no pumps to increase flowrate and once the flush water exits the rim spout port (803R) it washes down the sides of the bowl and would therefore gradually decrease as it follows the path (R)).
Regarding claim 5, Kappus shows the flush toilet apparatus according to claim 1, wherein the flush toilet main body includes single rim spout port (803R) (fig. 8A, 8B).
Regarding claim 6, the flush toilet apparatus according to claim 5, wherein the rim discharge valve (600R) is located outside the jet discharge valve (600J) in a width direction of the flush toilet main body (fig. 6A), and the rim conduit extends (801R), to the rim spout port (803R), through outside a seat hole (695R) provided on an upper surface of the flush toilet main body in the width direction of the flush toilet main body (fig. 6A, 8A, 8B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 9,702,135 is directed to the state of the art of jet and rim spout flushing toilets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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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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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754
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