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 .
Response to Arguments
Applicant's arguments filed 01/06/26 have been fully considered but they are not persuasive.
On pages 1-2 of REMARKS, Applicant argues “Petner fails to disclose or suggest at least ‘wherein a curvature of the plate corresponds to a curvature of the outer surface of the fluid basin’ as recited by independent claim 1. The drain cleaning fitting of Petner comprises a ‘[w]all 4 [that] is curvilinear in nature and has its widest diameter at its bottom.’ Petner at 2:18-20. The wall 4 of Petner encompasses space 6 which, at its bottom end, comprises opening 8." Petner at 2:20-21. Opening 8 of Petner "is configured to be placed over the area to which vacuum suction or pressure forces are to be applied." Petner at 2:21-23. The ‘curvilinear’ wall 4 of Petner that has its widest diameter at opening 8 fails to disclose or suggest that ‘a curvature of the plate corresponds to a curvature of the outer surface of the fluid basin’ as recited by independent claim 1.”
In response, claim 1 recites “A multi-fit adapter for a fluid basin.” The invention is drawn to the adapter, and not the basin. The adapter is intended for use with the basin. If one were to fashion a prototype of the claim 1, or a structural representation of claim 1, it would comprise a curved plate, and a plurality of concentric rings protruding from the plate. No basin, no fluid pipe. The plate must structurally be capable of being mounted to an outer surface of a given fluid basin, the curvature of the plate must correspond to the curvature of the given fluid basin, and each ring must be able to accommodate a given fluid pipe. As articulated in the non-final office action (and now final office action), and represented below, Petner et al discloses a curved plate, a plurality of concentric rings protruding from the plate. The plate must structurally be capable of being mounted to an outer surface of a given fluid basin, wherein the curvature of the plate must correspond to the curvature of the given fluid basin. Petner’s plate, as it is curved, corresponds to a given fluid basin that has a curvature corresponding to Petner’s plate. Each ring must be able to accommodate a given fluid pipe. Each of Petner’s rings, as they are cylindrical, is able to accommodate a given fluid pipe that corresponds to each of Petner’s rings.
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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) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,350,824.
With reference to the following annotated figures:
As to claim 1, US 7,350,824 discloses a multi-fit adapter for a (given) fluid basin, the adapter comprising: a plate configured to be mounted on an outer surface of the fluid basin; and 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 (given) fluid basin, and wherein each of the plurality of concentric rings is configured to accommodate a (given) fluid pipe.
As to claim 2, US 7,350,824 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, US 7,350,824 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 (given) fluid basin.
As to claim 4, US 7,350,824 discloses the multi-fit adapter of claim 1, wherein the multi-fit adapter is configured to be affixed to the outer surface 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, US 7,350,824 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.
As to claim 6, US 7,350,824 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.
As to claim 7, US 7,350,824 discloses the multi-fit adapter of claim 1, wherein the concentric rings are configured to couple to (given) fluid pipes of different sizes.
As to claim 8, US 7,350,824 discloses the multi-fit adapter of claim 1, wherein the plate is configured to be mounted on the outer surface of the fluid basin at any position along a circumference of the fluid basin.
As to claim 9, US 7,350,824 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, US 7,350,824 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, US 7,350,824 discloses the multi-fit adapter of claim 1, wherein the plate and the plurality of concentric rings are constructed from the same material. Refer to col. 3, ll. 4-6.
As to claim 12, US 7,350,824 discloses the multi-fit adapter of claim 1, wherein the (given) fluid basin has an outer diameter of approximately 24 inches.
As to claim 13, US 7,350,824 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, US 7,350,824 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.
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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
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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 9-930pm, mid-day flex 2-4pm.
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James M. Hewitt II
Primary Examiner
Art Unit 3679
/JAMES M HEWITT II/ Primary Examiner, Art Unit 3679