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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over US 10,017,925 (Kuo) in view of US 11,486,119 (Lorkowski).
Regarding claim 1, Kuo discloses a bathtub overflow pipe structure comprising:
an overflow pipe being an elongated pipe (Figs. 1, 3) and including an L-shaped end (20) in which an outlet end (21) is formed, a first outlet formed in the outlet end (Fig. 3), a first connecting portion (212) in the form of threads formed on an outer periphery of the outlet end;
a nut (40) being ring-shaped and a passage defined axially through the adaptor, a second connecting portion (41) in the form of threads formed to an inner periphery of the adaptor and detachably connected to the first connecting portion, and
a cover (50) having a cap formed to one end thereof, a column (52) extending axially from an inside of the cap, a second outlet (521) defined axially in the column and communicating with the passage, two overflow holes (522) respectively formed through a wall of the column, a seal ring (53, 54 in specification) mounted to an outer periphery of the column (Fig. 3), the column of the cover is inserted into the overflow outlet, the seal ring contacting against an inner periphery of the overflow outlet (Fig. 3).
Kuo, however, discloses that the L-shaped end of the connecting portion of the overflow pipe is located on the outside of the pipe to engage a nut rather than being formed on an inner periphery for receiving an adaptor.
Lorkowski teaches a bathtub overflow pipe structure (16/22) comprising an L-shaped end (22) in which an outlet is formed and an interior passage with a first connection portion (38) in the form of threads on an interior of the L-shaped end. Lorkowski further teaches that the L-shaped end is secured to the bathtub by a ring shaped adaptor (36) comprising a passage defined axially through the adaptor and a flange (52) extending radially outward from one end of the adaptor (Fig. 3B). The adaptor is provided with threads (50) in its exterior surface to detachably engage with the threads on the interior surface of the L-shaped end while the interior surface/interior passage forms the mounting surface for a detachable cover (28).
It would have been obvious to one of ordinary skill in the art to utilize alternate coupling arrangements such as an internally threaded L-shaped end which receives an externally threaded adaptor, as taught by Lorkowski, to facilitate use of different covers/faceplates and/or depending upon design choices such as desired aesthetic appearance, bathtub style or design or component costs.
Regarding claim 2, Kuo states that a second flange (213) extends outwardly from an outer periphery of the L-shaped end (Fig. 2) of the overflow pipe, the second flange is located at a distance from the outlet end (Fig. 2), and a gasket ring (23) is mounted to the outer periphery of the L-shaped end of the overflow pipe and contacts the second flange (Fig. 3).
Regarding claim 3, Kuo states the use of threading (41/212) as connection surfaces and Lorkowski also teaches the use of threading (38/50) with Kuo in view of Lorkowski teaching the formation of the first connection surface on an inner surface of the overflow pipe and the second connection on an outer surface of the adaptor as previously discussed. As such Kuo in view of Lorkowski would result in the first inner connection surface and second outer connection surface being engageable threads.
Regarding claim 4, Kuo does not state the inclusion of a rib in the passage of the adaptor with a central aperture and a gap between the rib and passage.
Lorkowski teaches that it is known to utilize different styles of covers (28/30/128) for overflow openings including those which engage with the adaptor itself (Figs. 3B, 3D) and covers which require a separate fastener to secure them to the overflow opening (Fig. 4B). Lorkowski further teaches the provision of a rib (70) in the adaptor comprising gaps between the rib and passageway to facilitate water passage and a central test hole (72) for receiving the fastener of the cover.
It would have been obvious to one of ordinary skill in the art to provide a rib with a central test hole in the adaptor configured to form a gap between the rib and the adaptor, as taught by Lorkowski, so as to facilitate greater design flexibility, user convenience and/or usability/desirability by facilitating the use of additional types of covers with the overflow assembly.
Claim 4 is rejected in the alternate under 35 U.S.C. 103 as being unpatentable over Kuo in view of Lorkowski as applied to claim 1 above, and further in view of US 6,058,525 (Paden).
Regarding claim 4, Kuo does not state the inclusion of a rib in the passage of the adaptor with a central aperture and a gap between the rib and passage.
Paden teaches an overflow outlet assembly comprising an L-shaped end (32) which receives an adaptor (30/56/60) and is configured for securing a cover (42/68) thereto. Paden further teaches that different covers utilize different connections such as tabs (68) or separate threaded fasteners (40) and that to receive threaded fasteners a rib (90) can be provided across a passageway of the adaptor with a central ‘test hole’ (54) defined therein for receiving a fastener for the cover and a gap between the rib and passage to facilitate passage of water.
It would have been obvious to one of ordinary skill in the art to provide a rib with a central test hole and gaps between the rib and passage in the adaptor, as taught by Paden, so as to facilitate the use of different cover assemblies with the overflow assembly for aesthetic choice, user preference, cost and other such design considerations/choices.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kuo in view of Lorkowski as applied to claim 1 above, and further in view of US 7,278,178 (Witzleben).
Regarding claim 5, Kuo states the inclusion of a seal ring on an exterior surface of the column of the cover as previously discussed however it doesn’t specify how the seal ring is secured to the cap.
Witzleben teaches an overflow assembly comprising a cover (50) having a column (66) which engages with an elbow (20). Witzleben further teaches that the column is provided with a groove (68) on the surface contacting the elbow (Fig. 2) for receiving a seal ring (Fig. 2) which seals the connection point/surface between the two components (C4 L27-35).
It would have been obvious to one of ordinary skill in the art to provide a groove for installing the seal ring into, as taught by Witzleben, to prevent the seal ring from being misplaced or misaligned during installation, to provide a closer connection by recessing the seal and/or to so as to better secure the seal ring in place/alignment during use/when it is under pressure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2018/0087248 (Buchan) teaches a drain assembly and an overflow assembly and teaches how both drain assembly can utilize the same spud/elbow piece.
US 2,075,443 (Louis) teaches a drain assembly comprising a cover with a column having a groove which receives a seal ring for engaging with a drain opening in a sealed manner.
US 2,223,365 (Groeniger) is an overflow assembly comprising a pipe with an L-shaped end an internal connections in the form of threads that receive an adaptor having external threads and which in turn receives a cover.
US 5,273,077 (Oropallo) is an overflow assembly comprising an elongate pipe, an L-shaped end/elbow and a cover comprising a seal ring secured in a groove.
US 6,192,531 (Fritz) is an overflow assembly comprising an L-shaped end with an internal connection surface in the form of threads which receives an adaptor having an external connection surface formed of threads which then in turn secures a cover of the overflow assembly.
US 9,714,504 (Bird) teaches an overflow assembly comprising an L-shaped end having internal threads and an adaptor having external threads, the adaptor capable of coupling to different covers including through the use of a rib having a central aperture and a gap for water passage.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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/NICHOLAS A ROS/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754