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 .
Response to Arguments
Applicant's arguments with respect to claim(s) 1-6, 8-24, and 26-28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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(s) 6, 23-24, and 26-28 is/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 pre-AIA the applicant regards as the invention.
Claim 6 recites “the gasket” in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the gasket” is interpreted to read --the first gasket--.
Claim 23 recites “the unitary ball rod assembly” in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the unitary ball rod assembly” is interpreted to read --the ball rod assembly--.
Any remaining dependent claim(s) are indefinite insofar as they depend on a rejected base claim.
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, 9, 11, and 16-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fleck (US 1848521).
Regarding claim 1. Fleck discloses a ball rod assembly for a pop-up drain assembly comprising: a stub adapter (25) having a shape of a hollow cylinder (see Fig. 1-2), an outer end (end of 25 near 21), an inner end (end of 25 near 27), a bore (bore of 25) extending between the outer end and the inner end (see Fig. 1), and an interior shoulder (shoulder of 25 near 26) formed within the stub adapter between the bore and inner end (see Fig. 1); a first gasket (gasket of 25) received in the stub adapter between the interior shoulder and the interior end (see Fig. 1); a ball rod (24, 26, 28) comprising a rod (24, 28) and a ball (26) on the rod, wherein the ball rod is received in and passed through the stub adapter (see Fig. 1), and wherein the ball abuts the first gasket (see Fig. 1); an adapter cap (27) having an open end (end near 26) and an opposing partially closed end (end near 28), wherein the partially closed end has a ball rod hole (hole of 27 near 28); and a second gasket (gasket of 27, see Fig. 1) received in the adapter cap (see Fig. 1), wherein the adapter cap is engaged with the stub adapter (see Fig. 1), wherein the second gasket abuts the ball (see Fig. 1), and wherein the stub adapter, the ball rod, the first and second gaskets and the adapter cap form a preassembled, standalone, unitary assembly (27, 24, 28, the gaskets of 25 and 27, and 25 can be separately connected from 3 to form a preassembled, standalone, unitary assembly; Applicant’s Specification defines a single unitary part as being assembled together, ¶ 0016).
Regarding claim 2, Fleck discloses the standalone unitary assembly is designed, sized and configured for engagement with a drain body (3, 16) and for opening and closing a drain stopper (15) within the drain body (see Fig. 1).
Regarding claim 3, Fleck discloses the outer end of the stub adapter is designed, sized and configured for engagement with a tubular stub (21) that projects from the drain body (see Fig. 1).
Regarding claim 9, Fleck discloses the interior shoulder has an inner face (face of 25 abutting the gasket of 25) toward the inner end against which the first gasket abuts (see Fig. 1), wherein the interior shoulder has an outer face (face of 25 near 21) toward the outer end of the stub adapter (see Fig. 1).
Regarding claim 11, Fleck discloses a ball rod assembly for a pop-up drain assembly comprising: a rod (24, 28); a ball (26) received on the rod, thereby forming a ball rod (see Fig. 1); a hollow nut (27) having an open end (end of 27 near 25) and an opposing closed end (end of 27 near 28), wherein the closed end has a ball rod hole (hole of 27); a first gasket (gasket of 27) having a first opening (opening of the gasket of 27) received in the hollow nut adjacent to the closed end (see Fig. 1); a hollow cylinder (25) defining a bore (bore of 25) extending between an inner end (end of 25 near 27) and an outer end (end of 25 near 21) and having an interior shoulder (shoulder of 25 near 26) formed within the hollow cylinder (see Fig. 1) and positioned between the bore and the inner end (see Fig. 1); a second gasket (gasket of 25) having a second opening (opening of the gasket of 25) received in the hollow cylinder (see Fig. 1), wherein the rod extends through the hollow cylinder, the first and second openings and through the hollow nut (see Fig. 1), wherein the ball is between the first and second gaskets (see Fig. 1), and wherein the hollow nut is engaged with the hollow cylinder (see Fig. 1).
Regarding claim 16, Fleck discloses the rod has a first end (end near 24) that protrudes from the hollow cylinder away from the hollow nut (see Fig. 1) and a second end (end near 28) that protrudes from the hollow nut away from the hollow cylinder (see Fig. 1).
Regarding claim 17, Fleck discloses the first and second gaskets have concave faces (concave faces of the gaskets of 25 and 27), and wherein the concave faces are in contact with the ball (see Fig. 1).
Regarding claim 18, Fleck discloses the first and second gaskets have flat faces (flat faces of the gaskets of 25 and 27), wherein the flat face of the first gasket is in contact with the closed end of the hollow nut (see Fig. 1).
Regarding claim 19, Fleck discloses the flat face of the second gasket abuts the interior shoulder (see Fig. 1).
Regarding claim 20, Fleck discloses the hollow nut, the ball rod, the first and second gaskets, and the hollow cylinder form a single-piece unitary assembly (27, 24, 28, the gaskets of 25 and 27, and 25 can be separately connected from 3 to form a single-piece unitary assembly; Applicant’s Specification defines a single unitary part as being assembled together, ¶ 0016), and wherein the single-piece unitary assembly is not connected to or made integral (25 can be disconnected from 3; see Fig. 1) with a drain pipe (3) that provides a flow path for draining water from a sink (2; see Fig. 1).
Regarding claim 21, Fleck discloses the hollow nut, the ball rod, the first and second gaskets, and the hollow cylinder form a single-piece unitary ball rod assembly (27, 24, 28, the gaskets of 25 and 27, and 25 can be separately connected from 3 to form a single-piece unitary assembly; Applicant’s Specification defines a single unitary part as being assembled together, ¶ 0016), and wherein the unitary ball rod assembly is designed, sized and configured for engagement with the pop-up drain assembly (3, 15-16; see Fig. 1).
Regarding claim 22, Fleck discloses a pop-up drain assembly for a sink or basin (2) having a drain opening (opening of 2), comprising: a drain body (3, 16) for connection to the sink or basin at the drain opening (see Fig. 1) for providing a fluid flow pathway for draining water from the sink or basin through the drain opening (see Fig. 1), wherein the drain body has a ball rod port (port of 3); a stopper (15) received in the drain body for retaining water in the sink or basin (see Fig. 1); and the ball rod assembly according to claim 11 (see claim 11 above) received in the ball rod port (see Fig. 1) and engaged with the stopper for moving the stopper between open and closed positions (see Fig. 1).
Regarding claim 23, Fleck discloses a means for sealing (connection of 21 and 25) the unitary ball rod assembly with the drain body (see Fig. 1).
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) 4-6, 12-15, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fleck (US 1848521) in view of Mayer (US 6763533).
Regarding claims 4-6, Fleck discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
Fleck further discloses the inner end of the stub adapter has threads (threads of 25 engaging with the threads of 27), wherein the open end of the adapter cap has threads (threads of 27 engaging with the threads of 25), and wherein the adapter cap is threadedly engaged with the stub adapter (see Fig. 1);
the outer end of the stub adapter has threads (threads of 25 engaging with the threads of 21) for engagement with a threaded tubular stub (21) on a drain body (3, 16);
the outer end of the stub adapter has a cavity (cavity of 25) suitable for receiving the gasket (the cavity of 25 receives the gasket of 25) that is suitable for sealing against an end (end of 21) of the threaded tubular stub on the drain body (the gasket of 25 is suitable for sealing against the end of 21, see Fig. 1); however, Fleck does not disclose the inner end of the stub adapter has exterior threads, wherein the open end of the adapter cap has interior threads;
the outer end of the stub adapter has interior threads for engagement with a threaded tubular stub on a drain body as claimed.
Mayer discloses a sink drainage system and method wherein female threads can be used to engage a drain pipe having cooperating male threads or male threads can be used to engage a drain pipe having cooperating male threads (col. 4, ll. 33-46). It would have been obvious one of ordinary skill in the art to have modified the fitting of Fleck, such that the inner end of the stub adapter has exterior threads, the open end of the adapter cap has interior threads, and the outer end of the stub adapter has interior threads as claimed, as taught by Mayer, since it was known in the art that male threads and female threads can be used alternatively (col. 4, ll. 33-46).
Regarding claims 12-14, Fleck discloses substantially all of the elements of the present invention as stated above in the rejection of claim 11.
Fleck further discloses the hollow nut has threads (threads of 27 engaging with the threads of 25);
the hollow cylinder has threads (threads of 25 engaging with the threads of 27), and wherein the threads in the hollow nut are engaged with the threads on the hollow cylinder (see Fig. 1);
the hollow cylinder has threads (threads of 25 engaging with the threads of 21), and wherein the hollow cylinder is designed, sized and configured to be threaded onto a stub (21) on a drain body (3, 16; see Fig. 1); however, Fleck does not disclose the hollow nut has interior threads; the hollow cylinder has exterior threads, and wherein the interior threads in the hollow nut are engaged with the exterior threads on the hollow cylinder; the hollow cylinder has interior threads as claimed.
Mayer discloses a sink drainage system and method wherein female threads can be used to engage a drain pipe having cooperating male threads or male threads can be used to engage a drain pipe having cooperating male threads (col. 4, ll. 33-46). It would have been obvious one of ordinary skill in the art to have modified the fitting of Fleck, such that the hollow nut has interior threads and the hollow cylinder has exterior and interior threads as claimed, as taught by Mayer, since it was known in the art that male threads and female threads can be used alternatively (col. 4, ll. 33-46).
Regarding claim 15, the combination above and specifically Fleck further discloses the ball rod is designed, sized and configured to engage a stopper (15) in the drain body for opening and closing the stopper (see Fig. 1).
Regarding claim 24, Fleck discloses substantially all of the elements of the present invention as stated above in the rejection of claim 23.
Fleck further discloses the drain body has a tubular stub (21) that projects radially outwardly from the drain body (see Fig. 1) and surrounds the ball rod port (see Fig. 1), wherein the tubular stub has threads (threads of 21), and wherein the hollow cylinder has threads (threads of 25 engaging the threads of 21) that matingly engage the threads on the tubular stub (see Fig. 1); however, Fleck does not disclose the tubular stub has exterior threads, and wherein the hollow cylinder has interior threads that matingly engage the exterior threads on the tubular stub as claimed.
Mayer discloses a sink drainage system and method wherein female threads can be used to engage a drain pipe having cooperating male threads or male threads can be used to engage a drain pipe having cooperating male threads (col. 4, ll. 33-46). It would have been obvious one of ordinary skill in the art to have modified the fitting of Fleck, such that the tubular stub has exterior threads, and wherein the hollow cylinder has interior threads as claimed, as taught by Mayer, since it was known in the art that male threads and female threads can be used alternatively (col. 4, ll. 33-46).
Claim(s) 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fleck (US 1848521) in view of Longfellow (US 3169254).
Regarding claim 8, Fleck discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
However, Fleck does not disclose the outer end of the stub adapter has a greater outside diameter than the inner end as claimed.
Longfellow discloses a simplified lavatory drain pipe assembly wherein the outer end (end of 52 near 24) of the stub adapter (52) has a greater outside diameter (see Fig. 1) than the inner end (end of 52 near 50; see Fig. 1; col. 3, ll. 54-68). It would have been obvious to one of ordinary skill in the art to have modified the outer end of the stub adapter of Fleck, to have a greater outside diameter than the inner end as claimed, as taught by Longfellow, since it was known in the art that the connecting collar can be expanded at one end to telescopically receive, fit around, and be supported on a boss of a tubular member (col. 3, ll. 54-68).
Regarding claim 10, the combination above and specifically Fleck further discloses the stub adapter has an outer length (length from the end near 21 to the shoulder near 26) between the outer end and the interior shoulder (see Fig. 1) and an inner length (length from the end near 27 to the shoulder near 26) between the inner end and the interior shoulder (see Fig. 1), and wherein the outer length is greater than the inner length (see Fig. 1).
Claim(s) 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fleck (US 1848521) in view of Mayer (US 6763533) as applied to claim 24 above, and further in view of Mesa (US 20060272086).
Regarding claim 26, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 24.
However, the combination above does not disclose a sealant between the exterior threads on the tubular stub and the interior threads in the hollow cylinder as claimed.
Mesa discloses applying Teflon tape to screw threads (¶ 0054, 0061). It would have been obvious to one of ordinary skill in the art to have modified the exterior and interior threads of the combination above, to include a sealant as claimed, as taught by Mesa, since it was known in the art that it is common practice when working with plumbing fixtures to apply Teflon tape to the screw threads in order to assist in creating a water tight seal (¶ 0054, 0061).
Regarding claim 27, the combination above and specifically Mesa further discloses the sealant is polytetrafluoroethylene tape (¶ 0054, 0061).
Claim(s) 26 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fleck (US 1848521) in view of Mayer (US 6763533) as applied to claim 24 above, and further in view of Jordan (US 20160031734).
Regarding claim 26, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 24.
However, the combination above does not disclose a sealant between the exterior threads on the tubular stub and the interior threads in the hollow cylinder as claimed.
Jordan discloses the use of piping sealants (¶ 0025). It would have been obvious to one of ordinary skill in the art to have modified the exterior and interior threads of the combination above, to include a sealant as claimed, as taught by Jordan, since it was known in the art to use sealants to connect and seal component parts of a plumbing type of system (¶ 0025).
Regarding claim 28, the combination above and specifically Jordan further discloses the sealant is pipe dope (¶ 0025).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Thursday 11AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David P 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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WILLIAM R. KLOTZ
Examiner
Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754