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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 13 includes the requirement:
means are provided for a snap movement of said hollow tubular body with respect to said stem for an automatic passage, upon a push of an elastic element, from said first position of balance or of closure of the waste outlet, to said second position of balance or of opening of the waste outlet and vice versa, passing through a position of maximum momentary insertion of the stem into the hollow tubular body
It is noted that a specific structure is not claimed and the disclosure considers such structures to be ‘known’ (Para. 0126-0127).
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 11-12 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.
Claim 11 recites the limitation "the lower edge of the upper annular base" in the first line. There is insufficient antecedent basis for this limitation in the claim.
A lower edge of the upper annular base has not been previously defined.
Claim 12 is rejected due to its dependency from claim 11.
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.
Claims 1-4, 6, 8-10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3202989 (Baki) in view of US 10,815,652 (Ball) and US 9,095,239 (Laera).
Baki discloses a device for closing and opening by pressure a waste outlet of a sanitary fixture, the device being adapted to be housed inside a drain positionable in said waste outlet, said device comprising:
a hollow tubular body (8) associated or associable integrally with a plug (12/28);
a stem (16) at least partially housed inside said hollow tubular body,
wherein the hollow tubular body comprises a tubular wall delimited at a first end by a lower opening (20) and at a second end, opposite to the first end, by an upper opening (22),
wherein said stem engages the lower opening (ribs 26 on the stem engage grooves 24 on the hollow tubular body), and the upper opening is at least partially engaged by said plug (plug 12 engages threads 13 or fins 14 on the hollow tubular body), said hollow tubular body being translatable with respect to the stem along a longitudinal driving axis (X; Figs. 4a-6) of said device between a first position of balance or of closure of the waste outlet, in which a larger portion of the stem is stably inserted into the hollow tubular body (Fig. 6), and a second position of balance or of opening of the waste outlet, in which a smaller portion of the stem is stably inserted into the hollow tubular body (Fig. 5), and
wherein said device comprises a hemispherical cage-shaped element (18; The structure is hemispherical in so much as Applicant’s cage is) with a central mounting location (11) inside which said hollow tubular body and said stem are housed (Fig. 1b), said hemispherical cage-shaped element being provided with an upper annular base (annotated figure below) facing the plug and with a lower annular base (annotated figure below) to which said stem is connected through its free end not housed in said hollow tubular body,
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said lower annular base being opposite said upper annular base (Fig. 1b); and
further comprising an annular gasket (108) fitted externally on the tubular wall of said hollow tubular body adapted to be positioned in abutment against an inner wall of said upper annular base to hermetically close an entrance to the drain when said device is housed sealingly in the drain and said hollow tubular body is in the closed position,
While Baki appears to depict a plurality of apertures in the lower annular base for the passage of water the presence of arms supporting the central mounting location is not explicitly disclosed. Although Baki discloses a hemispherical cage element it does not detail how it installs into a fixture and/or drain such as through the use of a sealing element provided on an outer wall of said upper annular base and being positionable in abutment against an inner wall of the drain.
Ball teaches a hemispherical cage (2) with an upper annular base (6/22/26) and a lower annular base (58/54/30) comprising a central mounting point for receiving a stem of a stopper in the form of a hub (30) supported by a plurality of arms (54/58) which connect the hub to the cage body (C2 L38-44).
It would have been obvious to one of ordinary skill in the art to utilize a plurality of arms to support a central hub/mounting point at the lower annular base, as taught by Ball, so as to provide sufficient support for the hub/mounting point while still facilitating the passage of water.
Laera teaches a device for closing and opening a drain comprising a hemispherical cage shaped element (20) with an upper annular base (30/28 upper half) and a lower annular base (22/28 lower half) wherein a central mounting location (24/34) is provided in the lower annular base for receiving a stem (44) of a stopper assembly. Laera teaches that the cage can be secured within a drain (70) through the use of a sealing element (36) provided on an outer wall of said upper annular base and being positionable in abutment against an inner wall of the drain (Fig. 3; C2 L35-51).
It would have been obvious to one of ordinary skill in the art to provide a sealing element on an exterior wall of the hemispherical cage element at the upper annular base configured to engage an inner surface of the drain, as taught by Laera, so as to prevent the passage of waste and water between the cage-like body and drain to prevent standing water or the passage of debris into the drain.
Regarding claim 2, Baki in view of Ball and Laera teaches a hemispherical cage like element comprising a sealing element on an outer surface at an upper annular base as previously discussed.
Laera further teaches that the sealing element can be retained within an annular housing (groove) provided on the outer wall (Fig. 5).
It would have been obvious to one of ordinary skill in the art to provide the sealing element in an annular housing on the outer wall, as taught by Laera, so as to secure the sealing element in place and ensure proper positioning/alignment of the sealing element.
Regarding claim 3, Baki states that the upper annular base has a larger diameter than the lower annular base (Fig. 1b).
Regarding claim 4, Baki in view of Ball and Laera teaches a hemispherical cage-like element comprising a lower annular base with a plurality of arms as previously discussed.
Ball further teaches that each of said taught arms comprises at least two segments (54/58), which comprise a first segment (58) which departs from a lower edge of the upper annular base and extends vertically towards the lower annular base, parallel to the longitudinal driving axis, and a second segment (54) folded towards a center of said lower annular base, said second segment joining said first segment to said lower annular base (Fig. 8).
It would have been obvious to one of ordinary skill in the art to utilize arms comprising at least two segments, as taught by Ball, to facilitate positioning of the stem mounting location at a desired location and to facilitate the passage of water through the device.
Regarding claim 6, Baki in view of Ball and Laera teach a hemispherical cage like element for opening and closing a drain comprising a plurality of arms as previously discussed. Ball further states that the number of arms provided is dependent upon user requirements/design choices (C2 L63-67) but doesn’t explicitly state the provision of four arms spaced 90 degrees apart.
Laera, as previously discussed, teaches a hemispherical cage like element (20) for supporting the stem (44) of a stopper assembly. Laera further teaches that the stem is supported in a central hub (24/32) which is supported in a center of the lower annular base by a plurality of arms (Fig.2). Laera teaches the provision of four arms spaced apart by 90 degrees (Fig. 2) as a support arrangement for the central hub.
It would have been obvious to one of ordinary skill in the art to utilize four arms spaced 90 degrees apart, as evidenced by Laera, so as to more securely hold the central hub and to more evenly distribute the load of the installed plug assembly around the cage like element.
Regarding claim 8, Baki states that the lower annular base of the hemispherical cage-shaped element has a threaded inner wall (11) for screwing an end thread (16) provided on the free end, which is not inserted inside the hollow tubular body, of the stem (Fig. 1b; Para. 0019).
Regarding claim 9, Baki states wherein said lower annular base has a peripheral radial thickening with an internally threaded wall so as to increase a number of turns for screwing the stem on the lower annular base of said hemispherical cage-shaped element (annotated figure below; Fig. 1b – the threading 11 continues into a downward extension).
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Regarding claim 10, Baki states that a free edge, opposite the bottom annular base, of said upper annular base is flared to form a peripheral annular rosette (Fig. 1b) below which said annular gasket abuts on the inner wall of said upper annular base to hermetically close the entrance of the drain when said hollow tubular body is in the closed position (Fig. 1b).
Regarding claim 13, Baki states that means are provided for a snap movement of said hollow tubular body with respect to said stem for an automatic passage, upon a push of an elastic element, from said first position of balance or of closure of the waste outlet, to said second position of balance or of opening of the waste outlet and vice versa, passing through a position of maximum momentary insertion of the stem into the hollow tubular body (Para. 0044-0051) (Fig. 7-10, a force presses the plug down from the closed position before the plug opens).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Baki in view Ball and Laera as applied to claim 1 above, and further in view of EP 1067245 (Hirsch).
Regarding claim 7, Baki states that the annular gasket (108) is housed in an annular seat provided on an outer side of the tubular wall of the hollow tubular body (Figs. 1a, 1b). however the gasket is located at a center of the body instead of adjacent the lower opening.
Hirsch teaches a drain opening and closing assembly comprising a stem (5) received in a hollow body (6) having an open upper end and lower end and which supports/couples to a plug (7). The hollow body further comprising an annular gasket/seal (63) arranged in an annular groove (62) located proximate the bottom end/opening of the hollow body (Figs. 1-2) with the hollow body traversing a vertical direction to open or close the drain with the gasket.
It would have been obvious to one of ordinary skill in the art to relocate the annular gasket at a bottom of the hollow tubular body, as taught by Hirsch, dependent upon design factors such as desired/intended traversal distance, drain size/design and the design of the utilized plug and stem.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Baki in view of Ball, Laera and EP 1568823 (Bonomini).
Regarding claims 14-15, Baki discloses an assembly for closing and opening by pressure a waste outlet of a sanitary fixture (Para. 0014-0015) comprising:
a device for closing and opening by pressure a waste outlet of a sanitary fixture, the device being adapted to be housed inside a drain positionable in said waste outlet, said device comprising:
a hollow tubular body (8) associated or associable integrally with a plug (12/28);
a stem (16) at least partially housed inside said hollow tubular body,
wherein the hollow tubular body comprises a tubular wall delimited at a first end by a lower opening (20) and at a second end, opposite to the first end, by an upper opening (22),
wherein said stem engages the lower opening (ribs 26 on the stem engage grooves 24 on the hollow tubular body), and the upper opening is at least partially engaged by said plug (plug 12 engages threads 13 or fins 14 on the hollow tubular body), said hollow tubular body being translatable with respect to the stem along a longitudinal driving axis (X; Figs. 4a-6) of said device between a first position of balance or of closure of the waste outlet, in which a larger portion of the stem is stably inserted into the hollow tubular body (Fig. 6), and a second position of balance or of opening of the waste outlet, in which a smaller portion of the stem is stably inserted into the hollow tubular body (Fig. 5), and
wherein said device comprises a hemispherical cage-shaped element (18; The structure is hemispherical in so much as Applicant’s cage is) with a central mounting location (11) inside which said hollow tubular body and said stem are housed (Fig. 1b), said hemispherical cage-shaped element being provided with an upper annular base (annotated figure below) facing the plug and with a lower annular base (annotated figure below) to which said stem is connected through its free end not housed in said hollow tubular body,
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said lower annular base being opposite said upper annular base (Fig. 1b); and
further comprising an annular gasket (108) fitted externally on the tubular wall of said hollow tubular body adapted to be positioned in abutment against an inner wall of said upper annular base to hermetically close an entrance to the drain when said device is housed sealingly in the drain and said hollow tubular body is in the closed position,
While Baki appears to depict a plurality of apertures in the lower annular base for the passage of water the presence of arms supporting the central mounting location is not explicitly disclosed. Although Baki discloses a hemispherical cage element it does not detail how it installs into a fixture and/or drain such as through the use of a sealing element provided on an outer wall of said upper annular base and being positionable in abutment against an inner wall of the drain. While Baki discloses that the assembly is for use with a drain it does not disclose details of the drain construction.
Ball teaches a hemispherical cage (2) with an upper annular base (6/22/26) and a lower annular base (58/54/30) comprising a central mounting point for receiving a stem of a stopper in the form of a hub (30) supported by a plurality of arms (54/58) which connect the hub to the cage body (C2 L38-44).
It would have been obvious to one of ordinary skill in the art to utilize a plurality of arms to support a central hub/mounting point at the lower annular base, as taught by Ball, so as to provide sufficient support for the hub/mounting point while still facilitating the passage of water.
Laera teaches a device for closing and opening a drain comprising a hemispherical cage shaped element (20) with an upper annular base (30/28 upper half) and a lower annular base (22/28 lower half) wherein a central mounting location (24/34) is provided in the lower annular base for receiving a stem (44) of a stopper assembly. Laera teaches that the cage can be secured within a drain (70) through the use of a sealing element (36) provided on an outer wall of said upper annular base and being positionable in abutment against an inner wall of the drain (Fig. 3; C2 L35-51).
It would have been obvious to one of ordinary skill in the art to provide a sealing element on an exterior wall of the hemispherical cage element at the upper annular base configured to engage an inner surface of the drain, as taught by Laera, so as to prevent the passage of waste and water between the cage-like body and drain to prevent standing water or the passage of debris into the drain.
Bonomini teaches an apparatus for opening and closing a drain by pressure including a plug (16) and seal (17) supported on a tubular body (18) that traverses along a stem (19) coupled to a hub (23) which is removably installed into a hollow cylindrical drain body (11) with a bottom opening connectable to a waste pipe and a top with an annular flange (13) delimiting an entrance to the drain for liquids. Bonomini further teaches that the drain body comprises a plurality of overflow openings (15) adjacent the upper flange.
It would have been obvious to one of ordinary skill in the art to utilize the closing and opening device with a drain comprising a cylindrical body, an upper annular flange and overflow holes, as taught by Bonomini, as such a drain body would be applicable to sanitary fixtures with and without overflow drainage paths thereby increasing the applicability/desirability of the assembly.
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 11-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose a device for closing and opening by pressure a waste outlet of a sanitary fixture comprising a traversing plug assembly installed into a hemispherical cage shaped element which is installed in the drain as claimed wherein an outer surface of the first segments of the arms of the cage shaped element are arched to facilitate positioning in abutment against an inner wall of a drain.
The prior art of record does not disclose a device for closing and opening by pressure a waste outlet of a sanitary fixture comprising a traversing plug assembly installed into a hemispherical cage shaped element which is installed in the drain as claimed wherein the upper annular base of the cage shaped element comprises a lower edge from which the arms of cage shaped element extend further comprises an external undercut adapted to be positioned in abutment against a corresponding step on an inner wall of the drain.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4,339,832 (Cuschera) teaches an assembly for opening and closing a drain by pressure comprising a cage like element with a lower central hub supported by a plurality of arms to an upper annular end and wherein a stem installs on the annular lower central hub.
US 5,265,281 (McAlpine) teaches a drain plug assembly comprising a cage with an annular seal on its sidewall which installs into the drain to support a plug.
US 6,880,179 (Wang) teaches a drain closing and opening assembly comprising a cage like element installed in a drain opening which supports a stem of a plug assembly.
US 11,680,397 (Ahuja) teaches a drain opening and closing assembly comprising a cage like element with an external seal installed in the drain opening to provide an installation and support hub for a movable plug assembly.
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