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 information disclosure statements (IDS) submitted are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 5 is objected to because of the following informalities: the claim recites the limitation of “the clip retaining mechanism” which should be changed to “the one or more clip retaining mechanisms” or “each clip retaining mechanism” for proper antecedent basis with claim 4. Appropriate correction is required.
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 6 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 6, the claim is directed towards a method of concealing one or more plumbing lines within a wall using the cap of claim 1, however it does not recite any steps regarding how to do so. Therefore, it is not clear as to what is being claimed in the claim and the claim is indefinite as it is fails to recites steps required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Smith et al. US 2019/0148090.
Regarding claim 1, Smith discloses as seen in fig. 2E-F and 4A, for example, a cap for a wall comprising upper and lower major surfaces (right and left sides of element 34 in fig. 2E), opposing end surfaces (top and bottom of fig. 2E), and a pair of opposed flexible fins (prongs 32) extending outwardly from (away from) the lower major surface for removably securing the cap within the wall.1
Regarding claim 2, each fin of Smith comprises a shank 40 and a curved barb 46 inwardly facing the shank, or integrally connected to the shank (see fig. 2I which shows the barb as curving back to the shank, or “inwardly”).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith and Compagnone Jr. US 6,867,370.
Regarding claim 3, Smith teaches the claimed invention but does not explicitly disclose the bow connected between the shanks as claimed. The purpose of such a bow being to add support and stability to the cap. Compagnone teaches a cap element as seen in fig. 41 and fig. 42 which comprises an upper and lower major surface, opposing end surfaces, lateral surfaces and a fair of opposed flexible fins extending outwardly from the lower major surface for removably securing the cap within an element such as a wall. Compagnone further discloses elements 729-1 and 729-2 which are provided between the fins 7191, 719-2. It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Compagnone with those of Smith in order to provide similar strengthening elements of any shape, including bows to the cap of Smith since doing so was known in the art for providing support and strength to the cap.
Claim(s) 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith and Oman EP 2 827 034 A1.
Regarding claim 4, Smith discloses the claimed invention but does not explicitly teach the tracks and clip-retaining mechanisms as claimed. Oman discloses as seen in fig. 1, a casing device for mounting of pipes which includes a track (between rails 9 and 10 and element 2b) comprising one or more clip-retaining mechanisms (horizontal portion at approximately rail 9), extending outwardly from a lower surface and positioned within the device walls 2a, 2b, 2c. It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Oman with the cap of Smith in order to provide similar clip-retaining mechanisms for mounting any additional elements such as pipes or wires therein to retain them in position and allow for access for servicing.
Regarding claim 5, in combination, Oman teaches the clip retaining mechanism as having a groove extending between the opposed end surfaces of the gap, the groove being defined by a plurality of rails (vertical portion of elements 9 and 10, for example) extending outwardly from the lower major surface, each rail being spaced parallel and apart from adjacent rails and defining a pair of rail lips (seen in fig. 1) delimiting a slot for removably anchoring a plumbing retaining member 11 therein.
Regarding claim 6, Smith teaches a cap as claimed but does not explicitly disclose it as being used for concealing one or more plumbing lines within a wall. Oman teaches a casing which comprises a cap 3 which is used for concealing piping carrying liquid (abstract). It would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Smith with those of Oman in order to provide a cap for a plumbing fixture within a wall to allow for quick access and coverage of the piping during repair or construction.
Regarding claim 7, in combination, the devices of Smith and Oman form a system for routing plumbing lines within a wall comprising the cap of claim 4.
Regarding claim 8, in combination with Smith, Oman teaches one or more plumbing-retaining members 15 configured to grip the one or more plumbing lines and to be removably anchored to the one or more clip-retaining mechanism of the one or more tracks.
Regarding claim 9, in combination with Smith, the plumbing-retaining member of Oman comprises a clip (at 15) having a gripping portion (interior) for receiving and gripping the plumbing line, and a mounting portion (base at 11) for removably anchoring to the clip-retaining mechanism.
Regarding claim 10, when combined as in claim 4, in order to install the plumbing-retaining member disclosed by Smith and Oman onto a pipe in a wall, one would have to removably anchor the one or more plumbing-retaining members 14,15 of Smith configured to grip the one or more plumbing lines to the one or more clip-retaining mechanisms (horizontal portions at 9 and 11) of the cap, partially pull the one or more plumbing lines through an aperture formed within the wall towards the cap, the one or more plumbing-retaining members gripping the one or more plumbing lines (Oman), and snap-fitting the flexible fins of the cap within the wall to removably secure the cap and the one or more plumbing lines within the wall (as taught by Smith).
Claim(s) 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oman and Smith.
Regarding claim 11, Oman teaches a system for routing one or more plumbing lines including a main portion (fig. 2) comprising one or more tracks (area between elements 9 and 10) comprising one or more clip-retaining mechanisms 11 and one or more covers 3 (fig. 1) configured to be removably secured to the main portion. Oman does not explicitly teach the pair of opposed flexible fins for removably securing the main portion within a wall. Rather, the system of Oman is designed for a surface mounting, or behind a wall.
Smith discloses as seen in fig. 2E-F and 4A for example, a cap for a wall comprising upper and lower major surfaces (right and left sides of element 34 in fig. 2E), opposing end surfaces (top and bottom of fig. 2E), and a pair of opposed flexible fins (prongs 32) extending outwardly from the lower major surface for removably securing the cap within the wall. Since Smith and Oman are analogous art in the area of utility coverings, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Smith with those of Oman in order to provide the flexible fins of Smith to allow for attachment within the wall of any elements which require mounting.
Regarding claim 12, Oman teaches the main portion as combining a base 2b, opposing end surfaces (front and back from viewpoint in fig. 1), opposed sides (2a and 2c), and when combined with Smith as above the fins would extend from the sides in order to allow for mounting of the base, but does not explicitly teach the first and second lateral surfaces. Smith discloses a cover which comprises lateral surfaces (left and right side of cover 34 in fig. 2F). It would have been obvious to one of ordinary skill in the art at the time of filing to have included the lateral surfaces of Smith in combination with the cap Oman in order to provide a lip that would allow for overlapping of the cover on the base to allow for easier removal of the cap when installed.
Regarding claim 13, the base of Oman supports the one or more tracks comprising the one or more clip-retaining mechanisms for securing one or more plumbing-retaining members configured to grip the one or more plumbing lines and to be removably anchored to the one or more clip-retaining mechanisms as seen in fig. 1.
Regarding claim 14, in combination with Oman as above, the lateral surfaces of Smith would extend outwardly from the sides and perpendicular to the sides for resting against an outer surface of the wall when installed therein.
Regarding claim 15, in combination with Oman, the fins of Smith would extend outwardly below the first and second lateral surfaces and would be curved as seen in fig. 2f since they would be within the wall portion.
Regarding claim 16, each side of Oman comprises a cover retaining mechanism (fasteners 4 and 5) for removably securing the cover 3 to the main portion.
Regarding claim 17, as seen in Fig. 1 of Oman, the cover retaining mechanisms 4, 5 comprises first and second opposed pairs of top and bottom protrusions and the cover defines notches and curved edged configured to snap fit between the gaps when assembled. Additionally, it would have been obvious to one of ordinary skill in the art at the time of filing to have used any desired attachment means such as snap fittings, pressure fittings or fasteners etc., since the means for attachment does not offer any specific benefits and it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S.398, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 18, the cover retaining mechanism of Oman comprises opposed side lips defining cover-engaging shoulders (seen in fig. 1) for removably securing the cover thereon, the cover defining first and second cover lips (6, 7) defining side lip-engaging shoulders as claimed.
Regarding claim 19, in use, when including the pipe within the casing of Oman the steps would include removably anchoring one or more plumbing-retaining members 11 configured to grip one or more plumbing lines to the one or more clip-retaining mechanisms of the one or more tracks, snap-fitting the one or more plumbing lines to the one or more plumbing-retaining mechanisms, and removably securing the cover to the main portion. When combined with the teachings of Smith, the main portion would be removably secured within the wall by snap-fitting the flexible fins though an aperture in the wall as taught by Smith.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references teach similar means for mounting and/covering pipes or other tubular members and maintaining their position relative to a surface and are being provided to teach generally similar features to those claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mark A. Shabman whose telephone number is (571)272-8589. The examiner can normally be reached M-F 8:00-4:30 EST.
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/MARK A SHABMAN/ Primary Examiner, Art Unit 2855
1 The limitation of “for removably securing the cap within the wall” is taught by Smith, but is also considered to be an intended use of the flexible fins and therefore, the fins do not need to be used for securing the cap within the wall to meet the limitation, but rather only capable of doing so. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).