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 .
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.
Claim(s) 1-6, 11-12, 14-17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cole et al., US 2021/0172162.
Regarding claim 1, Cole et al. disclose a drain cleaner comprising: a housing (20); a rotatable drum disposed in the housing (80, 100); a motor secured to the drum for rotating a drain cleaning cable (120, paragraph 0062); and a cable clamp secured to the drum and rotatable with the drum (190, 320, 420, 520; Figures 12, 23, 26, 28), the cable clamp comprising a drain cleaning cable channel for receiving the drain cleaning cable (192, 322, 422, 522), the cable clamp being moveable between a first position in which the drain cleaning cable channel has a first depth and a second position in which the cleaning cable channel has a second depth, the second depth being less than the first depth (the cable clamp is moveable between a first position when the fasteners are extended away from a plate or drum allowing the channel to have a first depth, a second position where the fasteners are fastened closer to the plate or drum allowing the channel to have a second depth less than the first depth; fasteners include 326, 426; see paragraphs 0074, 0085, 0087-0089). Regarding claim 2, the cable clamp further comprises a plurality of guide posts (guide posts include some of fasteners 326 or 426, paragraphs 0047, 0084, 0087-0089); and a base having a top surface and a plurality of recesses for receiving the plurality of guide posts (base 232, Figure 6B, paragraph 0074; in embodiments of Figure 23 and 26 not shown, see paragraphs 0085 and 0087), each guide post contacting a top surface of the base when the cable clamp is in the first position (fasteners contact a top when first inserted and spaced from the base), each guide post is disposed within a recess when the cable clamp is in the second position (fasteners located further within a recess in the second position, as the fasteners can be threaded or inserted so that the cable clamp is at a first and second depth, see paragraphs 0074, 0085, 0087-0089). Regarding claim 3, one or more fasteners that enable a clamping force to be applied to the drain cleaning cable when the cable clamp is in one of the first position and the second position (one or more fasteners include other of fasteners 326 or 426, paragraphs 0047, 0084, 0087-0089). Regarding claim 4, there is a gear box connected to the motor that rotates with the drum (130, paragraph 0062), the cable clamp (190) being spaced from the gear box by a first distance in the first position and spaced from the gear box by a second distance in the second position, the first distance being less than the second distance (Figure 8 shows cable clamp 190 and gearbox 130 being mounted partly through bracket 101, in the first position is with unlabeled fasteners connecting clamp 190 looser from the drum/base for a larger depth resulting in the clamp is being spaced from the gear box less than when the unlabeled fasteners connecting the clamp 190 tighter to the drum or base for a smaller depth). Regarding claim 5, the cable clamp comprises: a main body (main body of 190, 320, 420, 520; Figures 12, 23, 26, 28); and a shield plate disposed between the main body and the drum (shield plate considered as 232, Figure 6B, paragraph 0074; in embodiments of Figure 23 and 26 not shown, see paragraphs 0085 and 0087), the first depth and the second depth of the drain cleaning cable channel being the distance between an apex of the drain cleaning cable channel and the shield plate (distance between apex of channel and plate, see paragraphs 0074, 0085, 0087-0089, when the fasteners are extended away from a plate or drum allowing the channel to have a first depth, a second position where the fasteners are fastened closer to the plate or drum allowing the channel to have a second depth less than the first depth). Regarding claim 6, the drum comprises an inner drum (100) and an outer drum (80), the inner drum and outer drum being rotatable relative to the housing (paragraph 0059), the inner drum and the outer drum forming an annular drum channel for receiving the drain cleaning cable (unlabeled annular channel, paragraph 0060, Figures 1 and 14), the motor and cable clamp being secured to the inner drum (see Figures 8 and 14). Regarding claim 11, the motor (120) is rotatable with the drum (Abstract, paragraph 0059, Figures).
Regarding claim 12, Cole et al. disclose a drain cleaner having a housing (20); an outer drum disposed in the housing (80); an inner drum disposed in the housing (100), the inner drum being rotatable relative to the housing (paragraph 0059), the inner drum and the outer drum forming an annular drum channel for receiving a drain cleaning cable (unlabeled annular channel, paragraph 0060, see Figures 1 and 14), the inner drum defining an inner drum chamber (see Figures, open area within 100); a cable clamp secured to the inner drum and rotatable with the inner drum (190, 320, 420, 520; Figures 12, 23, 26, 28), the cable clamp comprising a drain cleaning cable channel for receiving the drain cleaning cable (192, 322, 422, 522); and a ramp on which the cable clamp is disposed (ramp considered the base 232, Figure 6B, paragraph 0074; in embodiments of Figure 23 and 26 not shown, see paragraphs 0085 and 0087). Regarding claim 14, the cable clamp being moveable between a first position in which the drain cleaning cable channel has a first depth and a second position in which the cleaning cable channel has a second depth, the second depth being less than the first depth (the cable clamp is moveable between a first position when the fasteners are extended away from a plate or drum allowing the channel to have a first depth, a second position where the fasteners are fastened closer to the plate or drum allowing the channel to have a second depth less than the first depth; fasteners include 326, 426; see paragraphs 0074, 0085, 0087-0089).
Regarding claim 15, Cole et al. disclose a drain cleaner comprising: a housing (20); a rotatable drum disposed in the housing (80, 100); a motor secured to the drum for rotating a drain cleaning cable (120, paragraph 0062); the motor being rotatable with the drum (as mounted in Figure 8); a cable clamp secured to the drum and rotatable with the drum (190, 320, 420, 520; Figures 12, 23, 26, 28), the cable clamp comprising: a main body (main body of 190, 320, 420, 520; Figures 12, 23, 26, 28); and a shield plate disposed between the main body and the drum (232, Figure 6B, paragraph 0074; in embodiments of Figure 23 and 26 not shown, see paragraphs 0085 and 0087), the main body and shield plate defining a drain cleaning cable for receiving the drain cleaning cable (192, 322, 422, 522). Regarding claim 16, the main body is made of a polymer and the shield plate is made of metal (paragraph 0052). Regarding claim 17, the drum comprises an inner drum and an outer drum (80, 100), the inner drum and outer drum being rotatable relative to the housing (paragraph 0059), the inner drum and the outer drum forming an annular drum channel for receiving the drain cleaning cable (unlabeled annular channel, paragraph 0060, see Figures 1 and 14), the motor and cable clamp being secured to the inner drum (Figures 8, 14, 23, 26, 28) the inner drum comprising: an annular partition (unlabeled, see annular partition wall adjacent 320 in Figure 23); and a sidewall that extends radially inward from the annular partition (unlabeled, see Figure 23 small sidewall that extends inwardly), the shield plate being disposed between the sidewall and the main body of the cable clamp (Figure 23). Regarding claim 20, the cable clamp being moveable between a first position in which the drain cleaning cable channel has a first depth and a second position in which the cleaning cable channel has a second depth, the second depth being less than the first depth (the cable clamp is moveable between a first position when the fasteners are extended away from a plate or drum allowing the channel to have a first depth, a second position where the fasteners are fastened closer to the plate or drum allowing the channel to have a second depth less than the first depth; fasteners include 326, 426; see paragraphs 0074, 0085, 0087-0089).
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) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole et al., US 2021/0172162 in view of Hausladen et al., US 2023/0312313.
Cole et al. disclose all elements previously mentioned above, however fail to disclose a temperature sensor that senses the temperature of the shield plate.
Hausladen et al. is drawn to a cable winch device having a housing and rotatable drum (2). Regarding claim 18, there is a temperature sensor that senses the temperature of a shield plate (11; paragraphs 0092-0095, claims 5 or 11-12, is toward a guard plate in a contactless manner, or on an inner surface of the drum or between a gear mechanism and cable winch), the temperature sensor monitors vulnerable portions of the device that may heat up (paragraphs 0007, 0009-0011, 0013). Regarding claim 19, wherein the temperature sensor is communicatively coupled to a controller (paragraphs 0040, 0044), the controller being programed to change a maximum motor torque based on the temperature of the shield plate (to adjust the speed, paragraph 0049).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the drain cleaner of Cole et al. to further include a temperature sensor, as taught by Hausladen et al., to monitor the temperature of the internal components of the drum to ensure that the cable and cable device components are not damaged due to the effects of heat.
Allowable Subject Matter
Claims 7-10 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art made of record discloses, teaches, or suggests the invention of claims 7-10 and 13. Cole et al. (US 2021/0172162) fails to disclose a position sensor that senses whether the cable clamp is in the first position or the second position or that the ramp angles the cable clamp downward from its position at the gear box to the base wall of the outer drum. US 2006/0249185 to Garman (cited by Applicant) does not disclose a position sensor that senses a cable clamp, or whether or not the cable clamp is in a first position or second position. It is noted that Garman teaches sensors that monitor a condition of a hose (paragraph 0076). Rutkowski et al. (US 2023/0151600) is additionally cited as being relevant to the claimed cable clamp and is noted to teach a cable clamp mount assembly (90) that has an inclined base member (94, Figure 6). Rutkowski et al. fail to teach an inner drum, outer drum, or a gear box.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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