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 .
Election/Restrictions
Claims 1-8 and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/24/2025.
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) 9 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2009/131448 A1 (hereinafter Pessers).
Regarding claim 9, Pessers discloses a drain plug with cleaning brush attachment (1), comprising: a drain plug (12) adapted to be removably secured within a sink drain (“the plug (12) can be pulled out of the drain opening without the person who is doing the washing-up having to reach into the dirty washing-up water with his/her hands” abstract); and a cleaning brush (3) having a single elongated connector (2) with a first end (note annotated fig. below) and a second end (note annotated fig. below); wherein the first end of the single elongated connector is coupled to the drain plug (note annotated fig. below); wherein the second end of the single elongated connector is coupled to a brush head (3) (note annotated fig. below); and wherein the single elongated connector serves as a handle having a gripping material disposed on the handle (“The washing-up brush comprises a handle 2, which is manufactured from for instance wood” – wood being the gripping material; pg. 4, ln. 4-5).
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Regarding claim 14, Pessers discloses wherein the drain plug (12) is friction fit coupled (arms 6a, 6b and knob 11 form a friction fit) to the first end of the single elongated connector.
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pessers in view of US Patent 5,617,605 (hereinafter Hoerner).
Regarding claim 10, Pessers fails to show wherein the drain plug includes a plurality of raised protrusions disposed on an edge of the drain plug that are slanted outward and equidistant apart. Attention is turned to Hoerner, in the same field of endeavor of drain mounted sink scrubbers, which teaches including a plurality of raised protrusions (28) disposed on an edge of a drain cover (26) that are slanted outward (i.e. have an inclination that starts at the base and extends outward towards the edge; note annotated fig. below) and ‘spaced circumferentially apart’ for the purpose of permitting flow of water under the plate when oriented in a drying position (Hoerner, col. 2, ln. 46-51). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a plurality of raised protrusions disposed on an edge of the drain plug that are slanted outward to allow water to drain under the device when positioned in a manner to let the brush drip dry and not accumulate fluid in the sink basin while drying as evidenced by the teachings of Hoerner mentioned above. Regarding the spacing being equidistant, Hoerner is suggestive of equal spacing (see fig. 3 which shows an even distribution of protrusions and col. 2, ln. 46-51 which discuss a circumferential spacing) but not explicit. Applicant has not disclosed that spacing the protrusions equidistant provides an advantage, is used for a particular purpose, or solves a stated problem. Furthermore, it appears the device of Hoerner would work equally well when using an equidistant spacing to ensure the device remains standing during use in the position shown in fig. 4. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select equidistant spacing as a matter of design that fails to patentably distinguish over the prior art. See MPEP2144.04(IV)(A).
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Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pessers in view of US Patent Application Publication 2015/0218786 (hereinafter Cullen).
Regarding claim 11, Pessers is silent as to the material of the drain plug and thus fails to show wherein the drain plug is composed of rubber that is adapted to be a seal against the sink drain via friction fit. Attention is turned to Cullen, in the same field of endeavor of sink stoppers with bristles, which teaches rubber is a common choice for a drain plug that fits within a drain opening via a friction fit (par. 32). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select rubber for the drain plug as the selection of a known material based on the suitability for its intended use involves only routine skill in the art as evidenced by the teachings above. See MPEP 2144.07.
Claim(s) 12-13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pessers in view of US Patent 9,585,523 (hereinafter Brannan).
Regarding claim 12, Pessers fails to show wherein the drain plug is magnetically coupled to the first end of the single elongated connector. Attention is turned to Brannan, in the same field of endeavor of drain plugs with removable grips/handles, which teaches a magnetic coupling for coupling a handle to a drain plug to allow a user to easily remove the handle when desired yet strong enough to remain coupled to the drain plug during use (col. 8, ln. 20-44). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to substitute a magnetic connection with the prong and protrusion connection as a matter of substituting one functionally equivalent quick-connect feature for another as evidenced by the teachings of Brannan mentioned above.
Regarding claim 13, under the modification in view of Brannan, Brannan shows wherein the drain plug is magnetically coupled to the first end of the single elongated connector with a vertical extension (61) (the magnet 61 extends along the vertical axis of the cover 30, i.e. perpendicular to the face of the cover, when engaging the plug body at 11 which constitutes a vertical extension).
Regarding claim 15, Pesser shows wherein the drain plug is coupled to the first end of the single elongated connector with a pair of extended tabs (6a, 6b) but fails to show corresponding apertures. Attention is turned again to Brannan, in the same field of endeavor of drain plugs with removable grips/handles, which teaches a bayonet lock (i.e. extended tabs and corresponding apertures) to easily remove the handle when desired yet strong enough to remain coupled to the drain plug during use (col. 8, ln. 40-41). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to substitute extended tabs and corresponding apertures with the prong and protrusion connection as a matter of substituting one functionally equivalent quick-connect feature for another as evidenced by the teachings of Brannan mentioned above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 9,931,638 is directed to the state of the art of drain mounted scrubbing brushes for sinks.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754