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.
(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) 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rutkowski et al., US 2021/0205863.
Regarding claim 12, Rutkowski et al. disclose a drain cleaner comprising: a housing (50, 54B); an outer drum disposed in the housing (114; Figure 9); an inner drum disposed in the housing (113; Figure 9), the inner drum being rotatable relative to the housing (113 and 114 are components of 110, Figures 9 and 13; see also paragraph [0074]), the inner drum and outer drum forming an annular drum channel for receiving a drain cleaning cable (116, paragraph [0075]), the inner drum defining an inner drum chamber (Figure 13); a cable clamp secured to the inner drum and rotatable with the inner drum (145 in Figure 11 or 155, 156, 160 in Figure 12), the cable clamp comprising a cable channel for receiving the drain cleaning cable (in embodiment of Figure 12 or 9, see paragraph [0079]); and a ramp on which the cable clamp is disposed (ramp unlabeled, see embodiment of Figure 11, see paragraph [0078]), the ramp angling the cable clamp downward into the annular drum channel (Figure 11, see paragraph [0078]), note that paragraph [0078] acknowledges that the clamp (145) can be removed and replaced with the other cable clamp (160). Regarding claim 13, the outer drum has a basewall (112), the drain cleaner comprises a gear box (175, 180), the ramp angling the cable clamp downward from its position at the gear box to the basewall of the outer drum (Figures 11, 13). 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 fasteners 150 are extended away from the cable clamp 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 150; see Figure 11).
Claim(s) 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lim, US 2024/0209608.
Regarding claim 15, Lim discloses a drain cleaner comprising a housing (50); a rotatable drum disposed in the housing (54, Figure 3); a motor secured to the drum for rotating a drain cleaning cable (94, Figures 4-5; paragraph [0021]), the motor being rotatable with the drum (Figures 3-5); a cable clamp secured to the drum and rotatable with the drum (90, 150, Figure 6; paragraph [0027]), the cable clamp comprising: a main body (side walls forming channel 150, Figure 6); and a shield plate disposed between the main body and the drum (unlabeled, see annotated Figure 6), the main body and shield plate defining a drain cleaning cable channel for receiving the drain cleaning cable (150; paragraphs [0027]-[0028]).
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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.
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) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim, US 2024/0209608 in view of Hausladen et al., US 2023/0312313.
Lim 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 Lim 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 1-11 are allowed.
Claims 16-17 and 20 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 recited in claims 1-11, 16-17, and 20. Previously discussed Cole et al. (US 2021/0172162) fails to disclose the invention for the reasons set forth in the Applicant’s remarks of 27 April 2024. In particular, Cole et al. do not that the cable clamp is in contact with a base disposed below the cable clamp in the first position and in the second position, as recited in claim 1. Cole et al. does not disclose that the ramp angles the cable clamp downward into the annular drum channel, as recited in claim 12. Cole et al. also do not disclose that the shield plate is disposed between the main body and the drum, as recited in claim 15. Newly recited Rutkowski et al. and Lim do not disclose a cable clamp is moveable between a first position and a second position, wherein the cable clamp is in contact with a base disposed below the cable clamp in the first position and in the second position. Neither Rutkowski et al. or Lim do not disclose any materials regarding the cable clamp including that the main body comprises polymer and the shield plate is metal. Lim also fails to disclose that its cable clamp is moveable between a first position in which the drain cleaning cable channel has a first depth and a second position in which the drain cleaning cable has a second depth, the second depth being less than the first depth.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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