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 § 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) 1-4, 10-13 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Corbin (US Patent 9,631,354).
Regarding Claim 1, Corbin shows a backup flange for use in repairing a failed connection between a urinal outlet (12) and a pipe (22) caused by a damaged urinal flange, (16) the backup flange comprising: (a) a central flange (106) portion provided with an arcuate (Fig.2), recessed bottom (106E) configured to conform to the shape of an upper portion of a pipe; and (b) a pair of side or lateral portions (108,110), each extending laterally from either side of the central flanged portion (Fig.2) and defining or including an aperture (near 110D, 108D) or slot configured to receive a urinal bolt (Fig.6); wherein the central flanged portion are provided with at least one optional aperture (118).
Regarding Claim 2, Corbin shows the urinal backup flange according to claim 1, wherein the urinal backup flange is made of a polymeric material (column 8 lines 1-3).
Regarding Claim 3, Corbin shows the urinal backup flange according to claim 2, wherein the urinal backup flange is made of stainless steel (column 8 lines 1-3).
Regarding Claim 4, Corbin shows the urinal backup flange according to claim 2, wherein the urinal backup flange is made of a polymeric material (column 8 lines 1-3).
Regarding Claims 10-13, Corbin shows a method for repairing a connection between a urinal outlet and a pipe caused by a damaged urinal flange, the method comprising the steps of: (i) shutting off incoming water and disconnecting the water line into the urinal; (ii) loosening and optionally removing any urinal bolts (116) securing the urinal to the damaged urinal flange and the wall structure (20); (iv) positioning and inserting a backup flange (106) according to claim 1 between the wall and the urinal;(v) optionally fastening the backup flange to the damaged urinal flange; (vi) optionally installing a new gasket for sealing the urinal outlet to the damaged urinal flange; (vii) re-securing the urinal to the damaged urinal flange, the backup flange, and the wall structure using the urinal bolts; and (viii) reconnecting the water line to the urinal (column 8 lines 15-35) The backup flange is positioned and inserted behind the damaged urinal flange (Fig.7). The backup flange is positioned and inserted in front of the damaged urinal flange (Fig.7). The urinal remains at least partially in place when the backup flange is positioned and inserted between the wall and the urinal (fig.8).
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) 5 and 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corbin (US Patent 9,631,354) in view of Fratantonio et al (US Patent Publication 20200224400).
Regarding Claim 5, Corbin show the urinal backup flange of claim 1 further but fail to show written indicia on a surface thereof. Fratantonio teaches a flange with written indicia on a surface thereof (Fig.7a). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include indicia in order to provide directions.
Regarding claim 6-9, Corbin shows a urinal flange repair kit comprising:(i) a backup flange comprising: (a) a central flange portion (106) provided with an arcuate (106E), recessed bottom (106E) configured to conform to the shape of an upper portion of a pipe; and (b) a pair of side or lateral portions (110,108), each extending laterally from either side of the central flanged portion and defining or including a or slot (near 110C) configured to receive a urinal bolt (Fig.6); wherein the central flanged portion are provided with at least one optional aperture (118). Corbin fails to show a kit. Fratanonio teaches a connector kit. The kit including a gasket (126) for sealing an interface between the urinal outlet and an opening in a damaged flange (Fig.3); (iii) optionally, a roll of adhesive seal tape (136) provided on a release liner; and (iv) optionally, one or more screw(s) (110). The gasket is made of closed-cell EPDM foam elastomer (paragraph 31). Tn the form of a packaged product (paragraph 6). Printed instructions (paragraph 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a kit to make installing easy.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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, David Angwin can be reached on 571-270-3735. 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.
/LAUREN A CRANE/Primary Examiner, Art Unit 3754