DETAILED ACTION
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Tasdemir (DE 202 17 615 U1).
Tasdemir discloses a drainage mat (1) having a planar member (10) configured for supporting an automobile (6) and sized as claimed (see the figure). There is a peripheral lip (11) extending upwardly from the edge of the planar member. There is a drainage hose (7) selectively couplable to a drainage opening (12). Tasdemir is silent regarding details of the drainage opening; thereby leaving the arrangement to one skilled in the art. The examiner takes Official notice that it is known to use drainage tubes in openings. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used a tube in order to, for example, facilitate drainage through a lip having sufficient width to warrant a hose.
Regarding claim 2, the planar member is rectangular.
Regarding claim 3, because the mat is for the same use as the present application, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used similar dimensions. Note that dimensions are not a patentably distinguishing characteristic in this instance.
Regarding claims 4 and 5, looking to the figure, it can be seen that the drainage opening is at or near the bottom of the lip and the hose (7) extends horizontally therefrom. Given the presence of the tube, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have extended the tube in this manner in order to facilitate drainage from the lowest position in the catch basin.
Regarding claims 6 and 8, Tasdemir includes only one opening/tube. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have additional openings/tubes in order to facilitate drainage from different parts of the mat. This is a duplication of existing parts which cannot patentably distinguish an apparatus.
Regarding claim 7, Tasdemir is adjacent a corner. Given additional tubes, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have positioned them adjacent other corners for the reason discussed with respect to claim 6.
Regarding claim 9, threaded connections are common and the examiner takes Official notice that it is well known for hoses to have threaded couplings. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have included a threaded coupling with Tasdemir in order to securely couple a hose, or with respect to claim 11, a cap, thereto.
Regarding claims 10 and 11, the examiner takes Official notice that caps are well known to use with drainage tubes in order to prevent drainage when drainage is not desired. For this reason, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have included caps.
Regarding claim 12, because Tasdemir is foldable (abstract, for example), the recitation of “rollable into a storage condition” is met.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tasdemir as applied above, and further in view of Afolabi (U.S. Patent 8,409,688).
Tasdemir teaches the mat, but is silent regarding nodules. Nodules are common on mats in order to provide traction. For example, Afolabi teaches a drainage mat having nodules (2) thereon (Figure 3, for example). It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used nodules with Tasdemir in order to obtain a raised support surface that still allows for drainage, in accordance with the teaching of Afolabi and commensurate with the purpose of Tasdemir.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references teach drainage mats.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY S HARTMANN whose telephone number is (571)272-6989. The examiner can normally be reached 11-7:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at 571 272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GARY S. HARTMANN
Primary Examiner
Art Unit 3671
/GARY S HARTMANN/Primary Examiner, Art Unit 3671