The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
The following is a Final Office Action on the merits.
Response to Amendment
Acknowledgement is made to the RCE amendment received November 19, 2025, amending Claims 1, 14, 19, and 20. Claims 4-12, 15, 17, 22, 23, 25, 26, and 30 are cancelled. New Claims 33-36 were added.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “motor unit” in Claim 20.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
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 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.
As necessitated by amendment, Claims 14 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pleasants US 2019/0127964 (hereafter Pleasants).
Regarding Amended Claim 14, Pleasants anticipates:
14. (Currently Amended) A drain auger comprising:
a cable outlet (opening in drum 18 adjacent hollow shaft 110, Figure 4A);
a drum (drum 18) including a cable (cable 22) that is extendable and retractable relative to the drum through the cable outlet (Paragraphs [0032] and [0042] and Figure 4A);
a housing (body 14) coupled to the drum and supporting an actuator (unlabeled trigger switch shown in Figure 2) operatively coupled to the cable (Paragraph [0028] - the drive mechanism includes a shaft and a gear reduction that transmits rotational force of the motor 44 to the drum 18 to rotate the drum 18. This rotational force is then transmitted to the cable 22 to rotate the cable 22 within the drain), the housing including a handle (outline of handle labeled in attached Figure 2 below) extending from the drum (shown in attached Figure 2 below – note “extending from” does not require integral connection) and a battery attachment (labeled in attached Figure 2 below) configured to support a battery (battery attachment location shown in attached Figure 2 below), the battery attachment defined on a portion of the housing (labeled portion of housing defining a battery attachment shown in attached Figure 2 below) extending from the handle (shown in attached Figure 2 below) so that the handle is affixed to the drum via the portion of the housing defining the battery attachment (labeled handle is affixed to labeled portion of the housing defining the battery attachment which holds the motor 44 that is attached to the drum 18 as shown in attached Figure 2 below)
a motor (motor 44) supported by
a mode selector (cable feed mechanism 54 with collar 66) coupled to the drum and including one or both of an auto-feed mode (either auto-feed in forward feed position “F” or reverse feed position “R”, Figure 1) and a spin mode (neutral feed position, Paragraph [0050]) selectable by rotation of the mode selector (collar 66 rotates between position “F”, “N”, and “R”) about an axis (cable axis 24) extending through the cable outlet (Figure 4A), the auto-feed mode configured to selectively and automatically extend (forward feed position, Paragraph [0050]) and retract (reverse feed position, Paragraph [0050]) the cable relative to the drum in response to actuation of the actuator (through rotary position of collar 66 and trigger depression by a user, Paragraph [0030]), and the spin mode configured to selectively and automatically spin the cable in response to actuation of the actuator (Paragraph [0035]),
wherein the drum (drum 18) is concentric with the axis (cable axis 24)(labeled and shown in Figure 2 below), and
wherein a plane (labeled and shown in attached Figure 2 below) extends through the axis and a top of the drum is above the actuator when the plane is oriented horizontally (shown in attached Figure 2 below where device is oriented as claimed) with the portion of the housing supporting the battery attachment below the plane (shown in attached Figure 2 below where device is oriented as claimed).
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Regarding Amended Claim 24, Pleasants anticipates:
24. (Previously Presented) The drain auger of claim 14, wherein the mode selector (cable feed mechanism 54 with collar 66) is rotatable about the axis (cable axis 24) between a first position (collar 66 rotated into position “F”, Figure 1) and a second position (collar 66 rotated into position “R”, Figure 1), when the mode selector is in the first position, the auto-feed mode is selected and the drain auger is configured to automatically extend (forward feed position, Paragraph [0050]) the cable (cable 22) relative to the drum (drum 18) in response to actuation of the actuator (trigger depression by a user, Paragraph [0030]), and
wherein, when the mode selector is in the second position (collar 66 rotated into position “R”, Figure 1), the drum (drum 18) is configured to automatically retract the cable (cable 22) relative to the drum in response to actuation of the actuator (trigger depression by a user, Paragraph [0030]).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 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.
As necessitated by amendment, Claims 1-3, 14, 19-21, 27-29, and 31-36 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang CN 106638837 (hereafter Zhang) Embodiment 1 in view of Embodiment 2 shown in Figure 12.
Regarding Amended Claim 1, Zhang teaches:
1. (Currently Amended) A drain auger (dredging machine, Title) comprising:
a drum (drum portion of main housing 5 and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool, labeled in attached combined figure below);
a cable (flexible shaft 1) circumferentially wound and supported within the drum (specifically wound inside rotatable drum 2 – consistent with Applicant’s device), the cable rotatable relative to the drum for extension and retraction (depending on position of operating handle 59);
a housing (main housing 5 labeled in attached combined figure below) defining a handle (labeled in attached combined figure below) extending from the drum (shown in attached combined figure below) and supporting an actuator (labeled in attached combined figure below) operatively coupled to the cable (through operation of motor 9), a portion of the housing defining a battery attachment (labeled in attached combined figure below) configured to support a battery (labeled in attached combined figure below), the battery attachment extending from the handle so that the handle is affixed to the drum via the portion of the housing defining the battery attachment (shown in attached combined figure below)(see combination discussion below);
a motor (motor 9) supported by [[a]] the housing (inside motor portion of housing shown in attached combined figure below) and operably coupled to the actuator (electrically coupled); and
a mode selector (soft shaft telescopic control mechanism shown in Figures 6-9 comprising operating handle 59, fixing bearing seat 51, movable bearing seat 53, and locking ring 36) rotatably coupled (about central pivot bolt 55 and cable centerline) to the drum (specifically front end cover 6, labeled drum portion of housing in attached combined figure below) and including an auto-feed mode (forward or backward position, Figure 7) configured to selectively and automatically extend and retract the cable relative to the drum in response to actuation of the actuator,
wherein the drum and the housing are at least partially co-molded (obviously integrally connected as shown in attached combined figure below based on single part as best shown in Figure 3).
Zhang discloses a corded Embodiment 1 that includes a mode selector (soft shaft telescopic control mechanism shown in Figures 6-9 comprising operating handle 59, fixing bearing seat 51, movable bearing seat 53, and locking ring 36) rotatably coupled to the drum with significant design details shown in Figures 1-11. Therefore, it is very clear how the mode selector operates to selectively and automatically extend and retract the cable relative to the drum when the actuator energizes the motor. Zhang discloses Embodiment 2 in Figure 12 that replaces the cord with a battery by reconfiguring the housing to create a battery attachment at the bottom. Zhang shows in Figure 12 a different mode selector design, however, it he does not describe the details in the specification or drawings that would lead one with ordinary skill in the art at the time of filing to have confidence in the ability to recreate the device. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the embodiment shown in Figures 1-11 to include a removeable rechargeable battery as taught in the embodiment shown in Figure 12 with the motivation to eliminate a need for an external power source in environment where it would the connection be problematic or unsafe. That being said, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify Embodiment 1 to include modifications to the housing to accommodate a battery as shown in Embodiment 2 while keeping the drum portion and mode selector unchanged with the motivation to minimize design risk by reusing the design details important for the operation of the device unchanged while minimally modifying the housing to incorporate the battery/handle configuration taught in Embodiment 2. For clarity, the Examiner has included two figures. The first figure shows how is obvious to combine Embodiment 1 and Embodiment 2 into a new device that takes the heavily detailed operational parts of Embodiment 1 and replaces the corded operation with the battery powered housing details of Embodiment 2 to create an obvious combined device. The second figure shows the obvious combined device, with labeling and shading to clearly identify the claim elements.
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Regarding Claim 2, Zhang teaches:
2. (Original) The drain auger of claim 1, wherein the mode selector (soft shaft telescopic control mechanism shown in Figures 6-9 comprising operating handle 59, fixing bearing seat 51, movable bearing seat 53, and locking ring 36) further includes a spin mode (balancing position – where neither forward or backward is engaged) configured to selectively and automatically spin the cable in response to actuation of the actuator (labeled in attached combined figure above).
Regarding Claim 3, Zhang teaches:
3. (Original) The drain auger of claim 2, wherein the spin mode (balancing position – where neither forward or backward is engaged) is separate from the auto-feed mode (forward or backward position, Figure 7).
Regarding Amended Claim 14, Zhang teaches:
14. (Currently Amended) A drain auger (dredging machine, Title) comprising:
a cable outlet (hollow part 33 and decorative sleeve 50 assembly allowing cable path shown in Figure 9. Also labeled in attached combined figure below);
a drum (drum portion of main housing 5 and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool, labeled in attached combined figure below) including a cable (flexible shaft 1) that is extendable and retractable relative to the drum through the cable outlet (depending on position of operating handle 59);
a housing (main housing 5 labeled in attached combined figure below) coupled to the drum and supporting an actuator (labeled in attached combined figure below) operatively coupled to the cable (through operation of motor 9), the housing including a handle (labeled in attached combined figure below) extending from the drum and a battery attachment (labeled in attached combined figure below) configured to support a battery (labeled in attached combined figure below), the battery attachment defined on a portion of the housing (labeled portion of housing defining a battery attachment at bottom in attached combined figure below) extending from the handle (shown in attached combined figure below) so that the handle is affixed to the drum via the portion of the housing defining the battery attachment (shown in attached combined figure below)(see combination discussion below)
a motor (motor 9) supported by
a mode selector (soft shaft telescopic control mechanism shown in Figures 6-9 comprising operating handle 59, fixing bearing seat 51, movable bearing seat 53, and locking ring 36) coupled to the drum (specifically front end cover 6, labeled drum portion of housing in attached combined figure below) and including one or both of an auto-feed mode (forward or backward position, Figure 7) and a spin mode (balancing position – where neither forward or backward is engaged) selectable by rotation of the mode selector (locking ring 36 is rotatable circumferentially around cited cable) about an axis (axis of flexible shaft 1) extending through the cable outlet (Figure 9), the auto-feed mode configured to selectively and automatically extend and retract the cable relative to the drum in response to actuation of the actuator (through forward or backward position), and the spin mode configured to selectively and automatically spin the cable in response to actuation of the actuator (balancing position),
wherein the drum is concentric with the axis (shown Figure 9 and in attached combined figure below), and
wherein a plane (labeled in attached combined figure below) extends through the axis and a top of the drum is above the actuator when the plane is oriented horizontally (shown in attached combined figure below) with the portion of the housing supporting the battery attachment below the plane (shown in attached combined figure below).
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Regarding Amended Claim 19, Zhang teaches:
19. (Currently Amended) A drain auger (dredging machine, Title) comprising:
a drum (drum portion of main housing 5 and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool, labeled in attached combined figure below) including a cable outlet (hollow part 33 and decorative sleeve 50 assembly allowing cable path shown in Figure 9. Also labeled in attached combined figure below) and a cable (flexible shaft 1) extendable and retractable relative to the drum through the cable outlet (depending on position of operating handle 59), the cable including a first tip (flexible shaft 1) replaceable (through connectors 24/25) with a second tip (see discussion below);
a housing (main housing 5 labeled in attached combined figure below) coupled to the drum and including a handle (labeled in attached combined figure below) supporting an actuator (labeled in attached combined figure below) operatively coupled to the cable (through operation of motor 9), a portion of the housing defining a battery attachment (labeled in attached combined figure below) configured to support a battery (labeled in attached combined figure below), the battery attachment extending from the handle so that the handle is affixed to the drum via the portion of the housing defining the battery attachment (shown in attached combined figure below)(see combination discussion below); [[and]]
a mode selector (soft shaft telescopic control mechanism shown in Figures 6-9 comprising operating handle 59, fixing bearing seat 51, movable bearing seat 53, and locking ring 36) coupled to the drum (through connection to front end cover 6, Figure 6 and attached combined figure below) and disposed on the cable outlet (Figures 2, 3, and attached combined figure below), the mode selector including one or both of an auto-feed mode (forward or backward position, Figure 7) and a spin mode (balancing position – where neither forward or backward is engaged), the auto-feed mode configured to selectively and automatically extend and retract the cable relative to the drum in response to actuation of the actuator, and the spin mode configured to selectively and automatically spin the cable in response to actuation of the actuator,
wherein the cable outlet includes an indicator (“F”, “R”, and arrow, Figure 7) disposed adjacent to the mode selector and representative of the corresponding mode,
wherein the mode selector at least partially surrounds the cable outlet (locking ring 36 surrounds hollow sleeve 33) and is rotatable circumferentially around (locking ring 36 is rotatable circumferentially around hollow sleeve 33) the cable outlet and relative to the indicator (shown in Figures 7 and 10).
Zhang discloses a corded Embodiment 1 that includes a mode selector (soft shaft telescopic control mechanism shown in Figures 6-9 comprising operating handle 59, fixing bearing seat 51, movable bearing seat 53, and locking ring 36) rotatably coupled to the drum with significant design details shown in Figures 1-11. Therefore, it is very clear how the mode selector operates to selectively and automatically extend and retract the cable relative to the drum when the actuator energizes the motor. Zhang discloses Embodiment 2 in Figure 12 that replaces the cord with a battery by reconfiguring the housing to create a battery attachment at the bottom. Zhang shows in Figure 12 a different mode selector design, however, it he does not describe the details in the specification or drawings that would lead one with ordinary skill in the art at the time of filing to have confidence in the ability to recreate the device. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the embodiment shown in Figures 1-11 to include a removeable rechargeable battery as taught in the embodiment shown in Figure 12 with the motivation to eliminate a need for an external power source in environment where it would the connection be problematic or unsafe. That being said, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify Embodiment 1 to include modifications to the housing to accommodate a battery as shown in Embodiment 2 while keeping the drum portion and mode selector unchanged with the motivation to minimize design risk by reusing the design details important for the operation of the device unchanged while minimally modifying the housing to incorporate the battery/handle configuration taught in Embodiment 2. For clarity, the Examiner has included two figures. The first figure shows how is obvious to combine Embodiment 1 and Embodiment 2 into a new device that takes the heavily detailed operational parts of Embodiment 1 and replaces the corded operation with the battery powered housing details of Embodiment 2 to create an obvious combined device. The second figure shows the obvious combined device, with labeling and shading to clearly identify the claim elements.
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Regarding Amended Claim 20, Zhang teaches:
20. (Currently Amended) The drain auger of claim 19, wherein the housing (motor portion of main housing 5, Figure 2) further supports a motor unit (motor 9)
Regarding Claim 21, Zhang teaches:
21. (Previously Presented) The drain auger of The drain auger of claim 1, wherein
when the mode selector (soft shaft telescopic control mechanism shown in Figures 6-9 comprising operating handle 59, fixing bearing seat 51, movable bearing seat 53, and locking ring 36) is rotated (about central pivot bolt 55) to a first position (“F” position), the auto-feed mode is selected and the drain auger is configured to automatically extend the cable (flexible shaft 1) relative to the drum (drum portion of main housing 5, Figure 2, and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool) in response to actuation of the actuator (unlabeled trigger shown in Figure 2),
when the mode selector is rotated to a second position (“R” position), the auto-feed mode is selected and the drain auger is configured to automatically retract the cable relative to the drum in response to actuation of the actuator, and
when the mode selector is rotated to a third position (balancing position – where neither forward or backward is engaged), the auto-feed mode is deselected to disengage extension and retraction of the cable.
Regarding Claim 27, Zhang teaches:
27. (Previously Presented) The drain auger of claim 1, wherein the drum (drum portion of main housing 5 and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool, labeled in attached combined figure above) includes a motor attachment end (end with drum portion of main housing 5, Figure 2) and a cable outlet end (end with front end cover 6 assembly shown in Figure 7) opposite the motor attachment end, and wherein the cable (shaft 23) is rotatable relative to the motor attachment end and the cable outlet end.
Regarding Claim 28, Zhang teaches:
28. (Previously Presented) The drain auger of claim 1, wherein the drum (drum portion of main housing 5 and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool, labeled in attached combined figure above) includes a motor attachment end (end with drum portion of main housing 5, Figure 2) and a cable outlet end (end with front end cover 6 assembly shown in Figure 7) opposite the motor attachment end, and wherein the motor attachment end is co-molded ((obviously integrally connected as shown in attached combined figure above based on single part as best shown in Figure 3) with the housing (main housing 5 labeled in attached combined figure above).
Regarding Claim 29, Zhang teaches:
29. (Previously Presented) The drain auger of claim 28, wherein:
the drum (drum portion of main housing 5 and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool, labeled in attached combined figure above) includes a first structure (mounting flange of drum portion of main housing 5, Figure 3) supporting the motor attachment end (drum portion of main housing 5, Figure 2) and a second structure (mounting flange of front end cover 6, Figure 3) supporting the cable outlet end (end with front end cover 6 assembly shown in Figure 7),
the first structure is co-molded (obviously integrally connected as shown in attached combined figure above based on single part as best shown in Figure 3) with the housing (motor portion of main housing 5, Figure 2), and
the first structure is coupled to the second structure (using screws shown in Figure 3).
Regarding Claim 31, Zhang teaches:
31. (Previously Presented) The drain auger of claim 19, wherein the cable (shaft 23) is circumferentially wound and rotatably supported within (within drum main body 3) the drum (drum portion of main housing 5 and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool, labeled in attached combined figure above with internal rotating cable spool) for extension and retraction relative to the drum.
Regarding Claim 32, Zhang teaches:
32. (Previously Presented) The drain auger of claim 31, wherein the drum (drum portion of main housing 5 and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool, labeled in attached combined figure above) remains stationary when the cable (shaft 23) rotates (within drum main body 3) for extension and retraction relative to the drum.
Regarding New Claim 33, Zhang teaches:
33. (New) The drain auger of claim 1, wherein the handle (labeled in attached combined figure above) extends from the drum (drum portion of main housing 5 and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool, labeled in attached combined figure above) above the motor (motor 9)(shown in attached combined figure above) in an orientation of the drain auger in which the portion of the housing is supportable on a surface (drum portion shown in attached combined figure above would obviously support the device on an arbitrary selected surface), and wherein the motor is supported by the portion of the housing defining the battery attachment (labeled and shown in attached combined figure above).
Regarding New Claim 34, Zhang teaches:
34. (New) The drain auger of claim 14, wherein the plane (labeled in attached combined figure above) is oriented horizontally (shown in attached combined figure above) with the portion of the housing supporting the battery attachment (labeled in attached combined figure above) below the plane (shown in attached combined figure above), and wherein the motor (motor 9) is supported by the portion of the housing defining the battery attachment (shown in attached combined figures above).
Regarding New Claim 35, Zhang teaches:
35. (New) The drain auger of claim 19, further comprising a motor (motor 9) operably coupled to (electrically coupled) the actuator (labeled in attached combined figure above) and supported by the portion of the housing including the battery attachment (labeled and shown in attached combined figure above).
Regarding New Claim 36, Zhang teaches:
36. (New) The drain auger of claim 35, wherein the handle (labeled in attached combined figure above) extends from the drum (drum portion of main housing 5 and front end cover 6 – consistent with Applicant’s stationary “drum” with internal rotating cable spool, labeled in attached combined figure above) above the motor (motor 9)(shown in attached combined figure above) in an orientation of the drain auger in which the portion of the housing is supportable on a surface (drum portion shown in attached combined figure above would obviously support the device on an arbitrary selected surface).
As necessitated by amendment, Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Pleasants US 2019/0127964 (hereafter Pleasants) in view of Silverman et al. US 2010/0139696 (hereafter Silverman et al.).
Regarding Claim 16, Pleasants in view of Koga Kazumi et al. teaches:
16. (Original) The drain auger of claim 14, further comprising a foot pedal (see discussion below) operably coupled to the cable (cable 22) to extend or retract the cable, or to spin the cable based on a setting of the mode selector (cable feed mechanism 54 with collar 66).
Pleasants discloses a device that includes mode selector allowing the operator to select a forward, reverse, and neutral setting and a finger activated trigger allowing the user to selectively control the motor to rotate the drum resulting in the cable being extended, retracted, or spin. Pleasants does not disclose a foot pedal that provides a remote operation.
The reference Silverman et al. discloses a motorized drain auger that includes a foot operated pedal 125 that permits the hands-free actuation of the motor allowing the user to free his hands for orienting and feeding the snake into the pipe opening. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the Pleasants device to include a connector that allows for a pedal to be connected to the housing of the motorized drive unit 82 with the motivation to allow for remote control or hands-free trigger actuation.
As necessitated by amendment, Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Pleasants US 2019/0127964 (hereafter Pleasants) in view of Koga Kazumi et al. JP H06198263 A (hereafter Koga Kazumi et al.).
Regarding Claim 18, Pleasants in view of Koga Kazumi et al. teaches:
18. (Original) The drain auger of claim 14, wherein the cable (cable 22) includes a first tip coupled to an end of the cable, and wherein the tip is replaceable with a second tip (see discussion below).
Pleasants discloses in Figure 4A the distal tip with what appears to be a threaded cap that protects external threads during storage. Pleasants does not disclose the attachment of a common spiral tip or a brush tip. Therefore, it would have been obvious to one having ordinary skill before the effective filing date of the claimed invention that the Pleasants device comprises a threaded interface that allows multiple sized spiral tips or a brush tip as taught by Koga Kazumi with the motivation to specifically select and employ a tip that provides the desired result. For example, clearing a clog in a large pipe (toilet) with a first large spiral tip, clearing a clog in a small pipe (sink) with a second small spiral tip, or cleaning the sidewalls of pipes to reduce the chance of future clogging with a third brush tip.
Allowable Subject Matter
Claim 13 is objected to as being dependent upon a rejected base claim but it would be allowable if rewritten to overcome the rejection(s) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Rejections Under 35 U.S.C. 112(d)
The examiner has reviewed the applicant’s amendments and found them satisfactory. Therefore, the examiner withdraws the previous rejection under 35 U.S.C. 112(d).
Rejections Under 35 U.S.C. 102(a)(1)
Applicant’s arguments with amendments, filed July 23, 2025, with respect to the 35 U.S.C. 102(a)(1) rejection(s) of Claims 1-3, 19, 21, 26-29, 31, and 32 under Zhang CN 106638837 have been fully considered and are persuasive. Therefore, the previous 102(a)(1) rejections have been withdrawn. However, as necessitated by amendment, the rejections have been modified to reflect the newly amended claim language.
Applicant’s arguments with amendments, filed July 23, 2025, with respect to the 35 U.S.C. 102(a)(1) rejection(s) of Claims 14 and 24 under Pleasants US 2019/0127964 have been fully considered and are not persuasive. However, as necessitated by amendment, the rejections have been modified to reflect the newly amended claim language.
Rejections Under 35 U.S.C. 103
Applicant’s arguments with amendments, filed July 23, 2025, with respect to the 35 U.S.C. 103 rejection(s) of Claims 4, 7, and 20 under Zhang CN 106638837, Claim 16 under Pleasants US 2019/0127964 in view of Silverman et al. US 2010/0139696, and Claim 18 under Pleasants US 2019/0127964 in view of Koga Kazumi et al. JP H06198263 A have been fully considered and are not persuasive. However, as necessitated by amendment, the rejections have been modified to reflect the newly amended claim language.
In response to the Applicant’s arguments, the Examiner has several figures and extra details to the rejections to help clearly describe the claim limitations that are argued to be lacking.
Conclusion
THIS ACTION IS MADE FINAL. 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 MARC CARLSON whose telephone number is (571)272-9963. The examiner can normally be reached Monday-Thursday 6:30am-3:30pm.
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/MARC CARLSON/Primary Examiner, Art Unit 3723
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