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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/23/26 has been entered.
Response to Arguments
Applicant’s arguments, see pages 1-2, filed 04/23/26, with respect to the rejection(s) of claim(s) 1-14 under 35 USC 102 in view of Petner have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made. Refer to the following 103 rejections.
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) is/are rejected under 35 U.S.C. 103 as being unpatentable over Coblentz (US 5,020,832) in view of Saffrey (US Des. 402,013).
As to claim 1, Coblentz discloses a multi-fit adapter for a (given) fluid basin, the adapter comprising: a plate (12, Figs. 1 and 2) configured to be mounted on an outer surface of a cylindrical side wall of the fluid basin (3: 28-32).
Coblentz teaches a hollow, tubular sleeve (20) that extends outwardly from the saddle (12) which is capable of accommodating different size lateral pipes (4: 3-27). Coblentz fails to teach a plurality of concentric rings protruding from the plate, wherein a curvature of the plate corresponds to a curvature of the outer surface of the cylindrical side wall of the fluid basin, and wherein each of the plurality of concentric rings is configured to accommodate a (given) fluid pipe.
However, Saffrey teaches a lateral or branch outlet to connect a sewer and drain pipe to a catch basin, the outlet includes concentric rings protruding from the cylindrical pipe in order to accommodate different size lateral pipes (see Figs. 7 and 9).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to replace the tubular sleeve (20) in Coblentz to include a plurality of concentric rings protruding from the plate, as taught by Saffrey, in order to provide an alternative means by which to connect lateral pipes without the need for using clamps.
As to claim 2, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein the plurality of concentric rings protrude from a curved first surface of the plate.
As to claim 3, Coblentz/Saffrey discloses the multi-fit adapter of claim 2, wherein a second surface of the plate is configured to be positioned flush with the outer surface of the cylindrical side wall of the (given) fluid basin.
As to claim 4, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein the multi-fit adapter is configured to be affixed to the outer surface of the cylindrical side wall of the (given) fluid basin to provide a fluid-tight connection between the fluid pipe and an interior volume of the fluid basin.
As to claim 5, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein the at least one of the plurality of concentric rings includes an internal surface of a first diameter and an external surface of a second diameter, and wherein the internal surface of the at least one of the plurality of concentric rings is configured to couple to the (given) fluid pipe. Refer to Figs. 7 and 9 in Saffrey.
As to claim 6, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein the at least one concentric ring includes an internal surface of a first diameter and an external surface of a second diameter, and wherein the external surface of the at least one concentric ring is configured to couple to the (given) fluid pipe. Refer to Figs. 7 and 9 in Saffrey.
As to claim 7, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein the concentric rings are configured to couple to (given) fluid pipes of different sizes. Refer to Figs. 7 and 9 in Saffrey.
As to claim 8, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein the plate is configured to be mounted on the outer surface of the cylindrical side wall of the fluid basin at any position along a circumference of the fluid basin.
As to claim 9, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein the plate is configured to be positioned over a (given) fluid opening in a side wall of the fluid basin.
As to claim 10, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein the plate includes a center portion at a position corresponding to a center of the concentric rings, wherein the multi-fit adapter is configured for formation of a fluid opening in the center portion of the plate.
As to claim 11, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein the plate and the plurality of concentric rings are constructed from the same material. See Coblentz, 3: 25-32.
As to claim 12, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein the (given) fluid basin has an outer diameter of approximately 24 inches. Coblentz’s adapter is flexible and basin’s with an outer diameter of approximately 24 inches are old and well-known, as evidenced by the NPL documents provided in Applicant’s IDS.
As to claim 13, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein at least one of the plurality of concentric rings is configured to accommodate a (given) pipe for delivering fluid into the fluid basin.
As to claim 14, Coblentz/Saffrey discloses the multi-fit adapter of claim 1, wherein at least one of the plurality of concentric rings is configured to accommodate a (given) pipe for draining fluid from the fluid basin.
Examiner’s Note:
The italicized portions in the foregoing claims are functional recitations. These clauses, as well as other statements of intended use do not serve to patently distinguish the claimed structure over that of the reference(s), as long as the structure of the cited reference(s) is capable of performing the intended use. See MPEP 2111-2115.
See also MPEP 2114, which states:
A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ 2d 1647;
Claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531; and
[A]pparatus claims cover what a device is, not what a device does." Hewlett Packard Co. v. Bausch & Lomb Inc., 15 USPQ2d 1525,1528.
Any one of the systems in the cited reference(s) is capable of being used in the same manner and for the intended or desired use as the claimed invention. Note that it is sufficient to show that said capability exists, which is the case for the cited reference(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hodges discloses a drain fitting having a semi-cylindrical base plate (26) and a body (15) having a series of stepped-down diameters (17).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M Hewitt II whose telephone number is (571)272-7084. The examiner can normally be reached M-F 730am-930pm (MST), mid-day flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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James M. Hewitt II
Primary Examiner
Art Unit 3679
/JAMES M HEWITT II/Primary Examiner, Art Unit 3679
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