DETAILED ACTION
This Office Action is responsive to application number 18/455,964 - DEBRIS-REDUCING DRAIN INSERT FOR A DRAIN, filed on 8/25/23. Claims 1-20 are pending.
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
Applicant's election with traverse of Species 7; Fig. 10 in the reply filed on 2/26/26 is acknowledged. The traversal is on the ground(s) that the Office Action did not identify structural differences between the species and a serious search burden does not exist. This is not found persuasive because the species are identified by applicants figures, which clearly show the structural difference between the species and is explained in the Office Action that there are mutually exclusive differences in the structure of the blades. Further, merely employing different search strategies or search queries and applying different art structures to different embodiments, constitutes a serious search burden. The requirement is still deemed proper and is therefore made FINAL.
Claims 5, 8, 13 and 16-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Claims 1-4, 6-7, 9-12, 14-15 and 19-20 remain for examination.
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) 1-3, 7, 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frank (US 2,479,485) in view of Hirsch et al. (US Pub. 2014/0339345).
Regarding Claim 1 Frank shows a debris-reducing drain insert for a drain, comprising: a cover component (34, 28) configured to cover a drain opening when in a closed position (Fig. 1; note, col. 2, lines 48); a cutting component (19, 26, 35) positioned below the cover component and configured to be removably positionable within the drain opening (Fig. 1-3), the cutting component comprising a plurality of cutting edges (31, 35) configured to cut debris (note, col. 2, lines 27-28). But Frank fails to show and a rechargeable power source configured to provide electrical power to the cutting component, wherein the cutting component moves when receiving the electrical power. However, Hirsch shows a cutting device for cutting food waste/debris with a rechargeable power source (¶ [0033]) a motor and wherein the cutting component (20, 22) moves when receiving the electrical power (via motor 34; ¶ [0027, 0033]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Frank to include a motor and a rechargeable power source for the purpose of making the device automatic and rechargeable as shown by Hirsch.
Regarding Claim 2 Frank shows the debris-reducing drain insert of claim 1, wherein when the cover component is in an open position debris flows though the drain opening and into the cutting component (note, col. 3, lines 5-15).
Regarding Claim 3 Frank shows the debris-reducing drain insert of claim 1, wherein when the cover component is in a closed position the drain is sealed and nothing flows into the cutting component (note, col. 2, lines 27-28 and col. 3, lines 43-45).
Regarding Claim 7 Frank as combined shows the debris-reducing drain insert of claim 1, wherein the rechargeable power source is a battery (¶ [0033]; Hirsch).
Regarding Claim 9 Frank shows the debris-reducing drain insert of claim 1, wherein the plurality of cutting edges (35) of the cutting component are positioned at a non-zero angle (approx. 90 degrees; Fig. 3) relative to the cover component.
Regarding Claim 12 Frank shows the debris-reducing drain insert of claim 1, further comprising a cutting plate (26) comprising a plurality of cutting plate edges (31), the cutting plate configured to create a shearing action with each of the plurality of cutting edges of plurality of cutting blades (note, col. 2, lines 27-28).
Allowable Subject Matter
Claims 19-20 are allowed.
Claims 4, 6, 10-11 and 14-15 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 110886374 A shows a similar orthogonal cutting blade device; KR 1013855 B1 shows an insert device for reducing drain debris; Sherwood et al. (US 8,365,343) shows an insert device for reducing drain debris; Scorvo et al. (US 7,802, 739) shows an insert device for reducing drain debris.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached Monday thru Thursday, 9:30 AM to 6PM EST.
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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 3/17/2026
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