DETAILED ACTION
Claim Rejections - 35 USC § 112(b)
Claims 1-11 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.
In claims 1 and 11, it is unclear what Applicant intends by “parts that can be pre-assembled”. This nebulous language is indefinite minimally because it fails to place potential infringers on notice as to what constitutes infringement. It is unclear what minimal parts this language intends.
In claims 1 and 11, it is unclear what Applicant intends by “preferably”. It is unclear if the preferred recitation is further limiting or merely exemplary. It is suggested that the preferred entity be added as a dependent claim.
Claim Rejections - 35 USC § 102
Claim 1,5 and 11 are rejected under 35 U.S.C. 102(a1) as being anticipated by KR 100 962 021 B2.
KR 100 962 021 B2 discloses a drainage apparatus for installation in an opening in a floor panel, preferably a shower floor panel, comprising: - an upper inlet opening through which wastewater can enter the drainage apparatus (see figure 3), - a cover ("cap 270"), which delimits the upper inlet opening and is supported by an elevating element ("plate 240"), and - parts which can be pre-assembled in the floor region, said parts being able to be fluidically connected to a drain pipe so that wastewater which has flowed through the inlet opening can pass into the drain pipe (see figure 3). The drainage apparatus also has an adjustment device, wherein the adjustment device comprises the following components: - a socket ( "main support 100") for installation in the floor panel, said socket comprising a support ("ring support 330") and an inner contour, which has an inside diameter (figure 4); - a holder ( "horizontal moving part 300") for the elevating element, said holder being able to be inserted into the socket and having an outer contour, a top side and a bottom side, the outer contour having an outside diameter (figure 4) which is smaller than the inside diameter of the socket, such that, in a pre-assembled state, the holder inserted into the socket is movable in a horizontal direction within a horizontal range of play (see figures 4-7; this is the purpose of the apparatus); and - a fixing element ( "cover ring 350") which can be mounted on the socket, has a top side and a bottom side, and, leaving a degree of play, allows the holder to be movable in a vertical direction in relation to the fixing element in a pre-assembled state, (the "cover ring 350" is coupled to the "ring support 330"; see paragraph [0053]; as is the case in the application, the "cover ring 350" is intended to be horizontally displaceable, which requires there to be vertical play within the limits according to the application, since the frictional forces would otherwise become too strong), such that, when the socket, the holder and the fixing element are in the pre- assembled state, the holder is freely movable in the socket within a degree of vertical play and a degree of horizontal play. With respect to claim 5, see the round outer contour of the “moving part 300” (fig. 4). Claim 11, which “preferably” claims a “shower floor panel” in combination with the “drain device” as set forth in claim 1, rewritten in independent form, is apparent, as discussed above.
Claim Rejections - 35 USC § 102/103
Claims 2,3,5,8 and 10 are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over (KR 100 962 021 B2).
Regarding claim 2, horizontal play of less than 1 mm would, axiomatically render movement of the adjustment device impossible, and is considered to be met by KR 100 962 021 B2, or, alternatively, represents an obvious expedient to one of ordinary skill in the art to facilitate movable adjustment. The same logic applies to the limitations of dependent claim 3, since, as explained above with respect to claim 2, there must be a certain degree of vertical play; the claimed limits are appropriate values which a person skilled in the art would provide on their own initiative on the basis of their skilled in the art status/knowledge. With respect to dependent claim 5, KR 100 962 021 B2 discloses a round outer contour of the "moving part 300" (figure 4). Claims 6-8: KR 100 962 021 B2 discloses, as a fixing element, a ring which is somehow coupled to the support of the "moving part 300". In this context, it would be obvious for the coupling to be a snap-fit connection. Regarding dependent claim 10, see the shower panel holes 260 or 270 at page 14.
Claim Rejections - 35 USC § 103
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over KR 100 962 021 B2 as applied to claims 1,5 and 11 above, and further in view of Kiziah (U.S. 4,694,513).
Dependent claim 4, specifies, “The drain device (100) as claimed in claim 1, characterized in that the retainer (25) has an internal thread (29) and the extension element (15) for the cover (14) has an external thread (17) that can be screwed into the internal thread (29), so that the installation height of the extension element (15) can be adjusted with respect to the floor panel (10).”
KR 100 962 021 B2 does not appear to expressly disclose, or is silent with respect to this feature, as the figures and the machine translation of KR 100 962 021 B2 do not directly and unambiguously disclose the claimed threads.
Kiziah discloses the use of multiple internal and external threaded members as depicted in figure 1, in order to facilitate vertical adjustment. In view of Kiziah, it would have been obvious to employ threads in the system of KR 100 962 021 B2 in order to facilitate vertical adjustment of the components as necessary.
Dependent claim 9, which recites, “the drain device (100) as claimed in claim 1, wherein the upper side (27) of the retainer (25) has a recess (35) and the fixing element (30) has a projection (36) that can be inserted into the recess (35) and which, in the pre-assembled state (Z1), is arranged inside the recess (35) and limits the play (SH) of the retainer (25) relative to the fixing element (30) in the horizontal direction (RH)” would be allowable if rewritten in independent form in a manner that resolves the 112 issues above, because the combination of limitations embraced therein, is not taught or fairly suggested by the applied references or the references of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT JAMES POPOVICS whose telephone number is (571) 272-1164. The examiner can normally be reached from 10:00 AM - 6:00 PM.
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, JENNIFER DIETERLE can be reached at (571) 270-7872. 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.
/ROBERT J POPOVICS/ Primary Examiner
Art Unit 1776