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 A in the reply filed on 12/08/2025 is acknowledged.
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, 3-7 and 18-19, 22-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication 2019/0277013 (hereinafter Cavalcanti).
Regarding claim 1, Cavalcanti discloses a plunger (10), comprising: an elongated handle (12) having a first end (at 17) and an opposing second end (at 19); a cup (14) connected to the second end of the elongated handle, the cup comprising: a front-end portion having a generally elliptical shape (rounded triangle shape; front-end is adjacent leader line 16 in fig. 2); and a rear-end portion having a generally circular shape (rounded triangle shape; rear-end is adjacent leader line 40 in fig. 2) (see also fig. 4 which shows a generally elliptical shape combined with a circular shape similar to Applicant’s fig. 5), where the front-end portion and the rear-end portion form a tear drop shape (fig. 4); and a flange (18) integrally connected to the cup, where the flange is a continuous section extending downward from inside of the cup creating a tight seal against a vertical surface of a drain (fig. 3) (par. 18).
Regarding claim 3, Cavalcanti discloses wherein the flange (18) further comprises: a front-end wall extending upwardly and outwardly into the front-end portion of the cup (see fig. 3, the front-end wall is adjacent leader lines 22/18/24); and a back-end wall extending upwardly and outwardly into the rear-end portion of the cup (see fig. 3, the rear-end wall extends towards leader line 40 of the rear-end portion and is opposite the front-end wall); and where the front end-wall and the back-end wall are integrally connected forming a side wall of the flange (see fig. 3).
Regarding claim 4, Cavalcanti discloses wherein the outwardly projecting front-wall end forms a recess (24) allowing the cup to sit at or above a drain reducing an occurrence of water splashing back during use.
Regarding claim 5, Cavalcanti discloses wherein the flange (18) has a circular shape (26) (par. 23).
Regarding claim 6, Cavalcanti discloses wherein the cup and the flange are made of an elastomeric material (natural or synthetic rubber; par. 18).
Regarding claim 7, Cavalcanti discloses wherein the elastomeric material is rubber (natural or synthetic rubber; par. 18).
Regarding claim 18, Cavalcanti discloses wherein the elongated handle is threadingly engaged to the cup (threaded portion 19; par. 16; fig. 7).
Regarding claim 19, Cavalcanti discloses wherein the elongated handle is detachably affixed to the cup (via threaded portion 19; par. 16; fig. 7).
Regarding claim 22, Cavalcanti discloses wherein the flange (18) is permanently fixed in a position extending downward from the cup (fig. 1).
Regarding claim 23, Cavalcanti discloses wherein the flange (18) has a convex shape when unengaged with a drain (par. 23).
Regarding claim 24, Cavalcanti discloses wherein the flange (18) is configured to flex from a convex shape to a concave shape when engaged with a drain (par. 26).
Regarding claim 25, Cavalcanti discloses wherein the back-end wall extends outwardly in an opposite direction than the front-end wall extends outwardly (see fig. 3, the rear-end wall extends towards leader line 40 of the rear-end portion and is opposite the front-end wall).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cavalcanti in view of US Patent 10,465,365 (hereinafter Guthrie).
Regarding claim 2, Cavalcanti shows a gripping portion (17) at the top of the handle but fails to show a top of the elongated handle has a T-shaped grip. Attention is turned to Guthrie in the same field of endeavor of toilet plungers which shows a T-shaped grip is a suitable configuration for providing a gripping surface for a plunger (fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the shape of the gripping portion of Cavalcanti to be T-shaped as a matter of simple substitution of one functionally equivalent structure for another, such substitution producing the same expected result of providing a gripping surface that allows a user to impart force on the plunger cup through the handle as evidenced by the teachings above.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cavalcanti in view of US Patent 11,001,997 (hereinafter Ettiene).
Regarding claim 20, Cavalcanti shows a gripping portion (17) at the top of the handle but fails to show wherein a top of the elongated handle has a ball-shaped grip. Attention is turned to Ettiene in the same field of endeavor of toilet plungers which shows a ball-shaped grip (fig. 3) is a suitable configuration for providing a gripping surface for a plunger. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the shape of the gripping portion of Cavalcanti to be ball-shaped as a matter of simple substitution of one functionally equivalent structure for another, such substitution producing the same expected result of providing a gripping surface that allows a user to impart force on the plunger cup through the handle as evidenced by the teachings above.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cavalcanti in view of US Patent Application Publication 2016/0376777 (hereinafter Burns).
Regarding claim 21, Cavalcanti fails to show wherein the flange is operable between an operating position extending downward from the cup and a stowed position within the cup. Attention is turned to Burns in the same field of endeavor of toilet plungers which shows a toilet plunger flange (53) that is operable between an operating position extending downward from the cup (fig. 4) and a stowed position within the cup (fig. 5). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to configure the flange of Cavalcanti to be operable between an operating position extending downward from the cup and a stowed position within the cup as evidenced by the teachings mentioned above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 9,752,308 is directed to the state of the art of plungers.
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