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 .
Claim Objections
Claims 3 and 17 are objected to because of the following informalities:
Claim 3 requires the handling element to have “at least one of a profiled or structured external circumferential face” without defining what would be considered ‘profiled’ or ‘structured’. Furthermore, claim 4 which depends from claim 3 requires the external circumferential face to be “circular-cylindrical”.
For the purpose of examination a ‘circular-cylindrical’ external face is being interpreted as ‘profiled’ or ‘structured’.
Claim 17 states “connecting the force-transmission element (15) of the fitting (10) to at least or of the drain plug (20)”.
Appropriate correction is required.
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 1-17 are 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.
The term “substantially perpendicular” in claim 1 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 2-17 are rejected due to their dependency from claim 1 or their incorporation of the limitations of claim 1.
The term “substantially parallel” in claim 2 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “ensures a sufficient degree of friction” in claim 8 is a relative term which renders the claim indefinite. The term “sufficient degree” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claim language does not define what would be considered a ‘sufficient degree of friction’ and does not define what the purpose or function of the friction is so as to assist in determining the requirements of the claim language.
The term “substantially parallel” in claim 16 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “substantially parallel” in claim 17 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claims 1, 6-7 and 9-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CH 158482 (Kugler).
Regarding claim 1, Kugler discloses a fitting comprising:
a main body (42) which in an assembled state of the fitting protrudes perpendicularly (Fig. 3) from an assembly face (2);
an activation device (33/34/35/36) for a drain, the activation device interacts with a force-transmission element (29/30/31/32) by way a drain plug (22) is operable and which activation device comprises a handling element (33/34/35/36) which is disposed on the fitting (Fig. 3) so as to be movable, relative to a remainder of the fitting; and
the handling element is movable about an activation axis (35) which is perpendicular to a longitudinal axis of the main body (Fig. 3), so as to mechanically act on the force-transmission element (Translated specification – handling element 36 is rotated about axis 35 to manipulate the drain plug through force transmission element 32).
Regarding claim 6, Kugler discloses that the force transmission element is at least in portions rigid (rod 32).
Regarding claim 7, Kugler discloses that the force transmission element is at least in portions guided within a casing (37).
Regarding claim 9, Kugler discloses that the force transmission element comprises at least two parts couplable or coupled together (Fig. 2 and translated specification; At least elements 30/31 are respectively coupled to elements 29 and 32).
Regarding claim 10, Kugler discloses that the force transmission element (32) is operatively connected mechanically to the handling element at a spacing from the activation axis (Figs. 2, 3; Translated specification - Arms 33/34 extend off of the activation axis 35 to engage the force transmission element and rotate the connection about the activation axis 35).
Regarding claim 11, Kugler discloses that the handling element on an internal side thereof facing the fitting main body has a clearance (annotated figure below), the force transmission element engaging in said clearance by way of a fastening end (annotated figure below) (Piece is on an internal side of the handling element in reference to the fitting body and the clearance is oriented facing parts 44/45 of the fitting main body 42).
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Regarding claim 12, Kugler discloses that the force transmission element on its fastening end thereof has a pin which extends perpendicularly to the force transmission element (Figs. 2-4; annotated figure below).
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Regarding claim 13, Kugler discloses that the clearance is curved (Figs. 2-4; annotated figure below); and
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a profile of the clearance deviates from a profile of a circle which is concentric with the activation axis (Annotated figure below).
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Regarding claim 14, Kugler discloses that the profile of the clearance is longer than a corresponding dimension of the fastening end of the force transmission element (Annotated figure below, a gap is present between the profile of the clearance and the end of the force transmission means) as would be required to facilitate the handling element (33) rotating to vertically displace the force transmission element (32).
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Regarding claim 15, Kugler discloses that the fastening end is guided in the clearance when the handling element is rotationally activated (The fastening end is secured in the clearance and as such its movement is guided within the clearance during operation).
Regarding claim 16, Kugler discloses a piece of bathroom or kitchen furniture, comprising:
a water basin (1; Fig. 2) which has a drain (23) that is closed or closeable by a drain plug (22);
an assembly face (2) for a fitting;
wherein the fitting comprises:
a main body (42) which in an assembled state of the fitting protrudes perpendicularly (Fig. 3) from an assembly face (2);
an activation device (33/34/35/36) for a drain, the activation device interacts with a force-transmission element (29/30/31/32) by way a drain plug (22) is operable and which activation device comprises a handling element (33/34/35/36) which is disposed on the fitting (Fig. 3) so as to be movable, relative to a remainder of the fitting; and
the handling element is movable about an activation axis (35) which is perpendicular to a longitudinal axis of the main body (Fig. 3), so as to mechanically act on the force-transmission element (Translated specification – handling element 36 is rotated about axis 35 to manipulate the drain plug through force transmission element 32);
wherein the fitting is assembled on the assembly face and by way of the force-transmission element is connected to at least one of the drain plug or an opening and closing device for the drain plug and wherein the activation axis of the fitting is oriented parallel to the assembly face (Fig. 2; Specification).
Regarding claim 17, Kugler discloses a method for opening and closing a drain in a piece of bathroom or kitchen furniture having a water basin (1), which drain (23) is closed or closeable by a drain plug (22), the method comprising:
attaching a fitting to an assembly face (2) of the piece of furniture (1,2);
wherein the fitting comprises:
a main body (42) which in an assembled state of the fitting protrudes perpendicularly (Fig. 3) from an assembly face (2);
an activation device (33/34/35/36) for a drain, the activation device interacts with a force-transmission element (29/30/31/32) by way a drain plug (22) is operable and which activation device comprises a handling element (33/34/35/36) which is disposed on the fitting (Fig. 3) so as to be movable, relative to a remainder of the fitting; and
the handling element is movable about an activation axis (35) which is perpendicular to a longitudinal axis of the main body (Fig. 3), so as to mechanically act on the force-transmission element (Translated specification – handling element 36 is rotated about axis 35 to manipulate the drain plug through force transmission element 32);
connecting the force-transmission element of the fitting to at least one of the drain plug or an opening and closing device for the drain plug (Fig. 2; Specification); and
moving the handling element of the fitting about the activation axis of the fitting wherein the activation axis of the fitting is oriented so as to be substantially parallel to the assembly face (Figs. 2-4; Specification).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kugler in view of US 6,973,685 (Duncan).
Regarding claim 2, Kugler discloses a fitting comprising a main body and an activation device for a drain as previously discussed. Kugler further discloses the inclusion of controls (11/12) for supplying hot and cold water through the fixture. Kugler, however, they are not disposed on the activation axis of the drain activation device.
Duncan teaches a fixture (Figs. 4, 5) comprising a mixing lever (52) and a drain activation device (33) which are disposed along the same axis (Figs. 4, 5).
It would have been obvious to one of ordinary skill in the art to provide a mixing lever disposed on the activation axis of the drain activation device, as taught by Duncan, for a more compact system.
Claim 2 is rejected in the alternate under 35 U.S.C. 103 as being unpatentable over Kugler in view of US 2012/0312401 (Gioira).
Regarding claim 2, Kugler discloses a fitting comprising a main body and a rotatable activation device for a drain mounted perpendicularly on the body as previously discussed. Kugler further discloses the inclusion of controls (11/12) for supplying hot and cold water through the fixture. Kugler, however, they are not disposed on the activation axis of the handling element.
Gioira teaches a fixture (1) comprising a body (2) perpendicular to a mounting surface and with a mixing lever (12) arranged on the body and configured to rotate about an axis which is perpendicular to the body and parallel to the mounting surface. Gioira further teaches the formation of a second control device (14) disposed on the activation axis of the mixing lever and configured to rotate about the same axis to implement a secondary control function.
It would have been obvious to one of ordinary skill in the art to provide a mixing lever on the fitting body and to dispose the levers/handling elements on the same rotation/activation axis, as taught by Gioira, so as to provide a more compact system while ensuring both controls are equally accessible to a user.
Claims 3-5 are rejected in the alternate under 35 U.S.C. 103 as being unpatentable over Kugler in view of CN 110629839 (Xie).
Regarding claims 3-5, Kugler discloses that the handling device can be formed with a structured or profiled external circumferential face (Fig. 2) but does not disclose that the external circumferential face is profiled or structured as a circular cylindrical shape provided with a display structure.
Xie teaches a fixture (3) comprising a mixing lever (30) and a drain activation device (9/31/310’/311’) (Fig. 15) comprising a handling device (310’/311’) (Fig. 16) with a circular cylindrical structured/profiled external circumferential shape and further comprising a display structure for displaying a movement position relative to a remainder of the fitting (Fig. 15, 16).
It would have been obvious to one of ordinary skill in the art to configure the handling device with a circular cylindrical structured/profiled external circumferential shape with a display structure, as taught by Xie, for aesthetic or ergonomic purposes/preferences and/or simplified manufacturing while also providing additional functionality by providing continuous feedback/information to a user regarding the status of the drain/plug.
Claim 8 is rejected in the alternate under 35 U.S.C. 103 as being unpatentable over Kugler in view of US 2022/0042292 (Ahuja).
Regarding claim 8, Kugler discloses that the force transmission element comprises a sliding part (32) which is movable within the casing (37) however it does not disclose whether or not the sliding part is provided with an elastomer element configured to provide friction.
Ahuja teaches a fitting for a drain assembly comprising a plug with a slidable part (54/56) which slides within a casing (52). Ahuja further teaches providing the sliding part with an elastomer element (58; O-ring) which is configured to facilitate moving the sliding part within the casing under force from a user while also providing ‘sufficient friction’ to prevent the sliding part from moving under its own weight (Para. 0055).
It would have been obvious to one of ordinary skill in the art to provide an elastomer element on the sliding part within the casing, as taught by Ahuja, to prevent the force transmission element from moving under its own weight thereby ensuring the plug position remains where a user desires it and/or providing additional functionality by facilitating intermediate positions of the plug between closed and opened..
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR 200257178 (KR) teaches a drain assembly comprising a slidable element which vertically moves along a conduit with a friction ring on the slidable element so as to hold the element in a desired place.
JP2011006971 (Sakura) teaches a drain plug control system for a sanitary fixture comprising a sliding element received within a casing structure and wherein O-rings are provided to hold the position of the slidable element.
CN 113802654 (Xi) teaches a fixture comprising a mixing lever and drain control lever on opposing sides and axially aligned.
US 1,821,260 (Dobrick) teaches a fixture for a basin comprising coaxial control levers for water control and a drain control which all rotate about the same axis.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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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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/NICHOLAS A ROS/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754