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 .
Specification
The abstract of the disclosure is objected to because the first sentence lacks a subject-verb grammatical construction. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claims 1, 2, 9, 10, 16, 17-20 and their dependent claims are 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.
Claim 1 recites the limitation “a basket, basin, or sink” on line 8. It is not clear if this limitation is the same limitation as “a basket, basin, or sink” as on line 1, or not. Examiner interprets them to be the same.
Claim 2 recites the limitation “the exterior edge”. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation “basin, or sink” on line 12. It is not clear if this limitation is the same limitation as “a basin, or sink” as on line 1, or not. Examiner interprets them to be the same.
Claim 9 recites the limitation “the rim” on line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “the exterior edge” on line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation “basin or sink” on line 5. It is not clear if this limitation is the same limitation as “a basin, or sink” as on line 1, or not. Examiner interprets them to be the same.
Claims 17-19 each recite the limitation “wherein molding the filter” on line 1 of each claim. It is not clear if this limitation is referring back to the limitation “to mold the filter material” and “molding the filter material” as in Claim 16, or not. Examiner interprets it to be the same.
Claim 20 recites the limitations “the exterior edge” and “the rim” on line 3. There is insufficient antecedent basis for these limitations in the claim.
Claim Rejections - 35 USC § 102
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 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.
(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, 2, 4-6 & 9-13 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Bushey, (US 2006/0060522).
Regarding Claims 1, 2 & 4-6, Bushey discloses a filter for a basket, basin, or sink, (See Abstract), the filter comprising: a filter, (Strainer 10, See Figure 1 or 2, See paragraph [0028] & [0029]), having a peripheral region, (Outer edge of Strainer 10, See Figure 1 or 2, See paragraph [0028] & [0029]), a plurality of panels, (Folding Portions 26, 28, 30, 32, See Figure 1, See paragraph [0031]), and a central collection region, (central portion of Strainer 10 that is unfolded and has no slots, See Figure 1 or 2), the peripheral region having an upper surface and a lower surface, (Strainer 10 inherently has top and bottom, See Figure 1 or 2, See paragraph [0028]), and the plurality of panels extending from the central collection region towards the peripheral region, (Folding Portions 26/28/30/32 extend from middle outwards in Strainer 10, or Foldable portions 64/66/68/70, See Figure 1 or 2); and one or more folds in the filter, (Slots 18/20/22/24 for Folding Portions 26/28/30/32, See Figure 1 or 2, See paragraph [0028] and [0031]), each of the one or more folds permitting each of the plurality of panels to overlap an adjacent portion of the filter, (See paragraph [0031]; strainer can be folded into basket-like configuration in which foldable portions overlap with handles), wherein the filter can be unfolded from a folded orientation to a partially unfolded orientation, (See paragraph [0031]), wherein the filter is removably disposed atop an exterior surface of a basket, basin, or sink, (See paragraph [0033]).
Additional Disclosures Included:
Claim 2: The filter of claim 1, further comprising: at least one tab along the exterior edge of the peripheral region, (Folding Portions 26/28/30/32 shaped like tabs, See Figure 1; or Tabs 72/74/76/78 on Strainer 40, See Figure 2).
Claim 4: The filter of claim 1wherein the filter comprises at least one of the following: bleached or unbleached liquid permeable filter paper, liquid permeable filter paper, metal mesh material, plastic mesh material, natural fiber material, and synthetic fabric, (See paragraph [0028], [0009], [0043]).
Claim 5: The filter of claim 1, wherein the central collection region is polygon-shaped, (unfolded central portion would result in square shape when Strainer 10/40 is folded, See Figure 1 or 2), and the plurality of panels is polygon-shaped, (Foldable portions 26/28/30/32, See Figure 1 or Foldable portions 64/66/68/70, See Figure 2).
Claim 6: The filter of claim 1, wherein the plurality of panels is four, (Foldable portions 26/28/30/32, See Figure 1 or Foldable portions 64/66/68/70, See Figure 2; there are four foldable portions/panels).
Regarding Claims 9-13, Bushey discloses a method for installing a filter for a basin or sink, (See Abstract), the method comprising: providing a filter, (Strainer 10, See Figure 1 or 2, See paragraph [0028] & [0029]), having: a peripheral region, (Outer edge of Strainer 10, See Figure 1 or 2, See paragraph [0028] & [0029]), a plurality of panels, (Folding Portions 26, 28, 30, 32, See Figure 1, or Foldable portions 64/66/68/70, See Figure 2, See paragraph [0031]), a central collection region, (central portion of Strainer 10 that is unfolded and has no slots, See Figure 1 or 2), the rim having an upper surface and a lower surface, (Strainer 10 inherently has top and bottom, See Figure 1 or 2, See paragraph [0028]), and the plurality of panels extending from the central collection region towards the peripheral region, (Folding Portions 26/28/30/32 extend from middle outwards in Strainer 10, See Figure 1 or 2); and unfolding the filter along one or more folds in the filter, (See paragraph [0031]), each of the one or more folds permitting each of the plurality of panels to overlap an adjacent portion of the filter, wherein the filter can be unfolded from a folded orientation to a partially unfolded orientation, (See paragraph [0031]), disposing the filter atop an exterior surface of a basket, basin, or sink, (See paragraph [0033]).
Additional Disclosures Included:
Claim 10: The method of claim 9, wherein the filter further comprises at least one tab along the exterior edge of the peripheral region, (Folding Portions 26/28/30/32 shaped like tabs, See Figure 1; or Tabs 72/74/76/78 on Strainer 40, See Figure 2).
Claim 11: The method of claim 9, wherein the filter comprises at least one of the following: bleached or unbleached liquid permeable filter paper, metal mesh material, plastic mesh material, natural fiber material, and synthetic fabric, (See paragraph [0028], [0009], [0043]).
Claim 12: The method of claim 9, wherein the central collection region is square-shaped, (unfolded central portion would result in square shape when Strainer 10/40 is folded, See Figure 1 or 2), and the plurality of panels is polygon-shaped, (Foldable portions 26/28/30/32, See Figure 1 or Foldable portions 64/66/68/70, See Figure 2).
Claim 13: The method of claim 9, wherein the plurality of panels is four, (Foldable portions 26/28/30/32, See Figure 1 or Foldable portions 64/66/68/70, See Figure 2; there are four foldable portions/panels).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushey, (US 2006/0060522), in view of Kalaydjian, (US 9,834,916).
Regarding Claim 3, Bushey discloses the filter of claim 1 but does not disclose further comprising: an indentation in an exterior edge of the peripheral region, wherein the indentation is disposed around an external surface of a base of a faucet when the filter is disposed atop the exterior surface of the basket, basin, or sink.
Kalaydjian discloses a filter with an indentation in an exterior edge of the peripheral region, wherein the indentation is disposed around an external surface of a base of a faucet when the filter is disposed atop the exterior surface of the basket, basin, or sink, (Indentation 44 in Filter 20 disposed around Faucet 66, See Figure 5, See column 2, lines 47-57, Kalaydjian).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the filter of Bushey by incorporating an indentation in an exterior edge of the peripheral region, wherein the indentation is disposed around an external surface of a base of a faucet when the filter is disposed atop the exterior surface of the basket, basin, or sink as in Kalaydjian so it “thus provides the filter with an improved fit around the exterior surface of the sink”, (See column 2, lines 3-5, Kalaydjian), in order to “catch debris”, (See column 1, lines 20-21, Kalaydjian).
Claim(s) 8 & 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushey, (US 2006/0060522), in view of Hanson et al., (“Hanson”, US 2015/0305571).
Regarding Claim 8, Bushey discloses the filter of claim 1, but does not disclose wherein the one or more folds comprises at least one of the following: a square twist, and a tessellation fold.
Hanson discloses wherein the one or more folds comprises at least one of the following: a square twist, and a tessellation fold, (See Figure 5a-c, See paragraph [0010], [0042], [0046] & [0047], Hanson; the shape of the folds in Figure 5c are tessellation type folds).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the filter of Bushey by incorporating wherein the one or more folds comprises at least one of the following: a square twist, and a tessellation fold as in Hanson so it “can be compressed and deformed to snap into/out of” its position in the basin, (See paragraph [0045], Hanson), and “separate liquid…as it migrates down the sloping side walls through the centrally located aperture”, (See paragraph [0010], Hanson).
Regarding Claim 15, Bushey discloses the method of claim 9, but does not disclose wherein the one or more folds comprises at least one of the following: a square twist, and a tessellation fold.
Hanson discloses wherein the one or more folds comprises at least one of the following: a square twist, and a tessellation fold, (See Figure 5a-c, See paragraph [0010], [0042], [0046] & [0047], Hanson; the shape of the folds in Figure 5c are tessellation type folds).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of Bushey by incorporating wherein the one or more folds comprises at least one of the following: a square twist, and a tessellation fold as in Hanson so it “can be compressed and deformed to snap into/out of” its position in the basin, (See paragraph [0045], Hanson), and “separate liquid…as it migrates down the sloping side walls through the centrally located aperture”, (See paragraph [0010], Hanson).
Claim(s) 7 & 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushey, (US 2006/0060522), in view of Merkazy, (US 2016/0183731).
Regarding Claim 7, Bushey discloses the filter of claim 1, but does not disclose wherein the one or more folds comprises a set of origami-type folds that permits twisting of the filter around a central axis when unfolding the filter from the folded orientation to the partially unfolded orientation.
Merkazy discloses a filter, (See Abstract, paragraph [0024], [0070], Merkazy), wherein the one or more folds comprises a set of origami-type folds that permits twisting of the filter around a central axis when unfolding the filter from the folded orientation to the partially unfolded orientation, (See Figure 1 & 6, See paragraph [0066] & [0067], Merkazy; folds/leaves are twisted around central axis when unfolding/expanding leaves).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the filter of Bushey by incorporating wherein the one or more folds comprises a set of origami-type folds that permits twisting of the filter around a central axis when unfolding the filter from the folded orientation to the partially unfolded orientation as in Merkazy so that that “the article…is of less volume than in the expanded configuration” and “not only is this volume reduced, but the space required for storage may be further reduced since there is reduced waste space around the collapsed article” and “allows for efficient use of space” while using “a shape that is practical”, (See paragraph [0007], Merkazy).
Regarding Claim 14, Bushey discloses the method of claim 9, but does not disclose wherein the one or more folds comprises a set of origami- type folds that permits twisting of the filter around a central axis when unfolding the filter from the folded orientation to the partially unfolded orientation.
Merkazy discloses a method, (See Abstract, paragraph [0024], [0070], Merkazy), wherein the one or more folds comprises a set of origami- type folds that permits twisting of the filter around a central axis when unfolding the filter from the folded orientation to the partially unfolded orientation, (See Figure 1 & 6, See paragraph [0066] & [0067], Merkazy; folds/leaves are twisted around central axis when unfolding/expanding leaves).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of Bushey by incorporating wherein the one or more folds comprises a set of origami- type folds that permits twisting of the filter around a central axis when unfolding the filter from the folded orientation to the partially unfolded orientation as in Merkazy so that that “the article…is of less volume than in the expanded configuration” and “not only is this volume reduced, but the space required for storage may be further reduced since there is reduced waste space around the collapsed article” and “allows for efficient use of space” while using “a shape that is practical”, (See paragraph [0007], Merkazy).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushey, (US 2006/0060522), in view of Burmaster et al., (“Burmaster”, US 2006/0128842).
Regarding Claim 16, Bushey discloses a process using a filter for a basket, basin, or sink, (See Abstract), the process comprising: providing a filter material; providing a disposable filter for a basin or sink, (Strainer 10, See Figure 1 or 2, See paragraph [0028] & [0029]), the filter comprising: a peripheral region, (Outer edge of Strainer 10, See Figure 1 or 2, See paragraph [0028] & [0029]); a plurality of panels, (Folding Portions 26, 28, 30, 32, See Figure 1, or Foldable portions 64/66/68/70, See Figure 2, See paragraph [0031]); a central collection region, (central portion of Strainer 10 that is unfolded and has no slots, See Figure 1 or 2), the peripheral region having an upper surface and a lower surface, (Strainer 10 inherently has top and bottom, See Figure 1 or 2, See paragraph [0028]), and the plurality of panels extending from the central collection region towards the peripheral region, (Folding Portions 26/28/30/32 extend from middle outwards in Strainer 10, See Figure 1 or 2); and one or more folds in the filter, (Slots 18/20/22/24 for Folding Portions 26/28/30/32, See Figure 1 or 2, See paragraph [0028] and [0031]), each of the one or more folds permitting each of the plurality of panels to overlap an adjacent portion of the filter, wherein the filter can be unfolded from a folded orientation to a partially unfolded orientation, (See paragraph [0031]).
Bushey does not disclose a manufacturing process for the filter; providing a die to mold the filter material; or molding the filter material to manufacture a disposable filter for a basin or sink.
Burmaster discloses a manufacturing process for the filter, (See paragraph [0211], Burmaster); providing a die to mold the filter material, (See paragraph [0214], [0009]); and molding the filter material to manufacture a disposable filter for a basin or sink, (See paragraphs [0211], [0214], [0009], Burmaster).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the process of Bushey by incorporating a manufacturing process for the filter; providing a die to mold the filter material; or molding the filter material to manufacture a disposable filter for a basin or sink as in Burmaster in order to provide “strainers” that “may desirably be prepared using…injection molded products”, (See paragraph [0211], Burmaster), using plastics or polymers “that offer relatively good strength and other performance properties”, (See paragraph [0004], Burmaster).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushey, (US 2006/0060522), in view of Burmaster et al., (“Burmaster”, US 2006/0128842), in further view of Laera, (US 2018/0238033).
Regarding Claim 17, modified Bushey discloses the process of claim 16, wherein molding the filter further comprises molding the filter to make the central collection region square-shaped, (central portion in Strainer 10 that lacks folds/slots is square shaped, See Figure 1), but does not disclose the plurality of panels rectangular- shaped.
Laera discloses a filter or strainer, (See Abstract, Laera), where the plurality of panels are rectangular- shaped, (Sides 104 are rectangular shaped, See Figure 9 or 11, Laera).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of modified Bushey by incorporating the plurality of panels rectangular- shaped as in Laera so that “a strainer…may have any shape permitting it to fit in the bottom of the sink including…rectangular” and “which permits it to be secured to one or more strainer sections”, (See paragraph [0031], Laera).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushey, (US 2006/0060522), in view of Burmaster et al., (“Burmaster”, US 2006/0128842), in further view of Merkazy, (US 2016/0183731).
Regarding Claim 18, modified Bushey discloses the process of claim 16, wherein molding the filter further comprises molding the filter, (See paragraphs [0211], [0214], [0009], Burmaster), but does not disclose to make the one or more folds comprising a set of origami-type folds that permits twisting of the filter around a central axis when unfolding the filter from the folded orientation to the partially unfolded orientation.
Merkazy discloses a method, (See Abstract, paragraph [0024], [0070], Merkazy), to make the one or more folds comprising a set of origami-type folds that permits twisting of the filter around a central axis when unfolding the filter from the folded orientation to the partially unfolded orientation, (See Figure 1 & 6, See paragraph [0066] & [0067], Merkazy; folds/leaves are twisted around central axis when unfolding/expanding leaves).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the process of modified Bushey by incorporating to make the one or more folds comprising a set of origami-type folds that permits twisting of the filter around a central axis when unfolding the filter from the folded orientation to the partially unfolded orientation as in Merkazy so that that “the article…is of less volume than in the expanded configuration” and “not only is this volume reduced, but the space required for storage may be further reduced since there is reduced waste space around the collapsed article” and “allows for efficient use of space” while using “a shape that is practical”, (See paragraph [0007], Merkazy).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushey, (US 2006/0060522), in view of Burmaster et al., (“Burmaster”, US 2006/0128842), in further view of Hanson et al., (“Hanson”, US 2015/0305571).
Regarding Claim 19, modified Bushey discloses the method of claim 16, but does not disclose wherein molding the filter further comprises molding the filter to make the one or more folds comprising at least one of the following: a square twist, and a tessellation fold.
Hanson discloses wherein molding the filter further comprises molding the filter to make the one or more folds comprising at least one of the following: a square twist, and a tessellation fold, (See Figure 5a-c, See paragraph [0010], [0042], [0046] & [0047], Hanson; the shape of the folds in Figure 5c are tessellation type folds).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of modified Bushey by incorporating wherein molding the filter further comprises molding the filter to make the one or more folds comprising at least one of the following: a square twist, and a tessellation fold as in Hanson so it “can be compressed and deformed to snap into/out of” its position in the basin, (See paragraph [0045], Hanson), and “separate liquid…as it migrates down the sloping side walls through the centrally located aperture”, (See paragraph [0010], Hanson).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushey, (US 2006/0060522), in view of Burmaster et al., (“Burmaster”, US 2006/0128842), in further view of Kalaydjian, (US 9,834,916).
Regarding Claim 20, modified Bushey discloses the process of claim 16 with a plurality of tabs along the exterior edge of the rim, (Folding Portions 26/28/30/32 shaped like tabs, See Figure 1; or Tabs 72/74/76/78 on Strainer 40, See Figure 2), but does not disclose wherein the filter further comprises a concave-shaped indentation in an exterior edge of the peripheral region; wherein one of the plurality of tabs is disposed adjacent the concave-shaped indentation.
Kalaydjian discloses a filter with a concave-shaped indentation in an exterior edge of the peripheral region, wherein one of the plurality of tabs is disposed adjacent the concave-shaped indentation, (Indentation 44 in Filter 20 and Tab 46 disposed next to Indentation 44, See Figure 5, See column 2, lines 47-57, Kalaydjian).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the filter of modified Bushey by incorporating wherein the filter further comprises a concave-shaped indentation in an exterior edge of the peripheral region; wherein one of the plurality of tabs is disposed adjacent the concave-shaped indentation as in Kalaydjian so it “thus provides the filter with an improved fit around the exterior surface of the sink”, (See column 2, lines 3-5, Kalaydjian), in order to “catch debris”, (See column 1, lines 20-21, Kalaydjian).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M PEO whose telephone number is (571)272-9891. The examiner can normally be reached M-F, 9AM-5PM.
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/JONATHAN M PEO/Primary Examiner, Art Unit 1779