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
Applicant’s election without traverse of Species XVI: Figs. 45-50, encompassing claims 14-20, in the reply filed on 01/06/2026 is acknowledged. Accordingly, claims 1-13 are hereby withdrawn from further consideration.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear as to the different between “a first stopper magnet and a second magnet” in lines 1-2 of claim 18 and the “at least one stopper magnet” in line 4 of claim 15. For the purpose of this examination, they are considered to be the same where “a first stopper magnet and a second magnet” of claim 18 is further defining the “at least one stopper magnet.”
Claim Rejections - 35 USC § 102
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)(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) 14-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 11,549,246 (hereinafter Mociran).
Regarding claim 14, Mociran discloses a drain system comprising a tailpipe (1) defining a drain opening (see Fig. 2: about the top of the top flange portion of end 2 where cover 8 is received); a drain housing (removable hair trap 51) positionable within the tailpipe; a magnetic stopper system (see Fig. 2: about where 7, 10-15 are pointing) comprising a drain cover (8) positionable within the drain opening, the drain cover operable between a first position and a second position, and a gasket (seal 30) positioned below the drain cover, the gasket engageable with the drain opening in the second position to prevent water from flowing down the drain opening (see col. 2, lines 38-42).
Regarding claim 15, the drain system of claim 14, wherein the magnetic stopper system further comprises a drain stopper (plug 7) comprising a drain stopper body (9-11) removably coupled to the drain cover at a first end, the drain stopper body comprising at least one stopper magnet (10, 11) positioned on a second end opposite the first end; and a lever system (14, 15, 42, 31-36, 39, 40) comprising a lever rod (31), and a magnetic attachment (14, 15) coupled to the lever rod, the magnetic attachment comprising at least one magnet engageable with the stopper magnet.
Regarding claim 16, the drain system of claim 15 further comprising a tailpipe attachment (17) coupled to each of the tailpipe and the magnetic attachment, the tailpipe attachment coupling the lever system to the tailpipe (see Fig. 2).
Regarding claim 17, the drain system of claim 15, wherein the magnetic attachment (14, 15) is configured such that it moves a distance from a first lever position to a second lever position in contact with the tailpipe attachment, wherein when the magnetic attachment is in the first lever position the drain cover is in the first position and when the magnetic attachment is in the second lever position the drain cover is in a second position so that it prevents flow down the drain opening (see col. 3, lines 2-18).
Regarding claim 18, the drain stopper system of claim 15, wherein the drain stopper body comprises a first stopper magnet (10) and a second stopper magnet (11), the second stopper magnet positioned opposite the first stopper magnet, and the magnetic attachment comprises a first magnet (14) and a second magnet (15) configured such that they are magnetically engage with the first stopper magnet and the second stopper magnet respectively (see col. 2, lines 51-58).
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) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mociran in view of KR-20080076863-A (hereinafter Kim).
Regarding claim 19, Mociran discloses the magnetic stopper system further comprises a first “cover magnet” (magnet 10 is integral portion of cover 8) and a second “cover magnet” (magnet 11 is integral portion of cover 8); and a first “housing magnet” (14) and a second “housing magnet” (15) configured such that they are magnetically engage with the first cover magnet and the second cover magnet respectively (see col. 2, lines 51-58).
Although the drain cover of Mociran does not comprise a hinge defining a first side and a second side of the drain cover configured such that the first side and second side of the drain cover rotate about the hinge.
Attention is directed the Kim reference which teaches an analogous drain system comprises a magnetic drain cover (120) comprises a hinge (132 in Fig. 7) defining a first side (left side of the hinge) and a second side (right side of the hinge) of the drain cover configured such that the first side and second side of the drain cover rotate about the hinge (see Fig. 6) via magnetic actuation so as to reduce the production cost and convenient to use, and provide the advantage of easy repair (see English translation: “AVANTAGEOUS-EFFECTS” section).
Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to replace, the drain cover with stem of Mociran, with a drain cover as taught by Kim in order to reduce the production cost and convenient to use, and provide the advantage of easy repair. In so doing, one skill in the art would rearrange the Mociran’s first “cover magnet,” second “cover magnet,” first “housing magnet,” and second “housing magnet” in the manner as taught by Kim.
Regarding claim 20, the drain system of claim 19, wherein when the first “cover magnet” and the second “cover magnet” would engage with the first “housing magnet” and the second “housing magnet”, flow is prevented from passing through the drain opening, as for example, taught by Kim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 7,527,069 (hereinafter Denike) teaches a magnetic valve of similar structure to the two wings stopper valve, a feature of the instant invention not specifically claimed in the elected species.
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/TUAN N NGUYEN/ Primary Examiner, Art Unit 3754