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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pump Products (URL: https://www.youtube.com/watch?v=2veutu-TPYg) in view of Hartman US 20240208620 in view of Eaton (URL: https://web.archive.org/web/20230131142230/https://tripplite.eaton.com/right-angle-5-15p-to-x2-5-15r-extension-cord-y-splitter-1-ft-black~P02400115D2)
Pump Products discloses:
1. A sump pump system configured for use in a sump that may contain a liquid, the sump pump system comprising: a sump pump configured for pumping at least a portion of the liquid from the sump;
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a first vertical float switch comprising a first flow switch rod, a first float switch top position stop, a first float switch bottom position stop, a first float switch float ball configured to travel along at least a portion of the first float switch rod between the first flow switch top position stop and the first float switch bottom position stop, and a first float switch power cable terminating at a first float switch end plug having a male connection point and a female connection point;
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Pump products discloses that the pump plug is connected to the female end of the piggy back switch:
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Pump products does not disclose the use of a backup float switch and thus does not disclose a second vertical float switch comprising a second flow switch rod, a second float switch top position stop, a second float switch bottom position stop, a second float switch float ball configured to travel along at least a portion of the second float switch rod between the second flow switch top position stop and the second float switch bottom position stop, and a second float switch power cable terminating at a second float switch end plug having a male connection point and a female connection point. However, Hartman discloses the use of a second backup float switch 698 in association with a primary float switch 696 in parallel (se e.g. Fig 18). Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a second backup float switch in parallel with the primary float switch as taught by Hartman in the system of Pump Products to gain the benefit of ensuring operation of the pump in the event the primary switch fails. Using a second float switch as described by Pump Products would also be obvious as per MPEP 2144.04. VI. B. wherein the addition of a second sump pump switch is merely a duplication of parts for reliability via redundancy. It has held that a mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
Pump Products does not disclose a dual connector assembly comprising a first electrical connector and a second electrical connector, wherein the first electrical connector includes first and second female connection points electrically coupled to a single male connection point.
However, Eaton discloses the electrical connector includes first and second female connection points electrically coupled to a single male connection point.
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Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize the electrical connector of Eaton in the system of Pump Products as modified above to gain the benefit of placing the sump float switches in parallel as taught by Hartman.
Regarding the limitations “the second electrical connector includes a single female connection point electrically coupled to first and second male connection points, wherein the female connection point of the second electrical connector is electrically connected to the sump pump, wherein the male connection point of the first electrical connector is electrically connected to a power source, wherein the first float switch end plug and the second float switch end plug are inserted between the first and second electrical connectors such that the male connection point of the first float switch end plug is electrically connected to the first female connection point of the first electrical connector, the male connection point of the second float switch end plug is electrically connected to the second female connection point of the first electrical connector, the first male connection point of the second electrical connector is electrically connected to the female connection point of the first float switch end plug, and the second male connection point of the second electrical connector is electrically connected to the female connection point of the second float switch end plug”, as shown below placing the sump pump switches in parallel between the power source and the pump as taught by Hartman with the pump plug connected to the piggy back float switches as taught by Pump Products would require the two female ends of the float switches to be connected to the male end of the pump plug thus leading to a required connector with two male ends and a single female end as claimed. Thus a person of ordinary skill in the art would have found it obvious to utilize such a connector as a matter of obvious design choice since the use of male and female connection points to make required electrical connections is elementary to a person of ordinary skill in the art and since applicant has not disclosed any criticality or unexpected results for a simple connector with two male connection points and a single female connection point and wherein applicant has not demonstrated that this feature solves any stated problem or is for any particular purpose other than simply making a “common sense”, self-evident and elementary electrical connection via the use of an arrangement of required male/female connectors. For example, Fig 3 and 0018-0019 of applicant’s specification simply discloses the second connector simply connects the pump to the float switches in a parallel arrangement wherein this parallel arrangement is already taught by Hartman in Fig 18. As shown below, the use of male and female plugs is required to complete this known parallel connection of Hartman. Thus, before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to utilize a second connector having two male and a single female connection points in the system of Pump products as modified above to gain the benefit of completing a known parallel connection of the float switches between the power source and the pump as taught by Hartman and as shown below where a “common sense”, self-evident and elementary connection for a person of ordinary skill in the art having two male and a single female connection points is required to connect float switches in a known parallel connection between the pump plug and the power source as taught by Hartman. It is noted that skill, not the converse, is presumed on the part of those practicing in the art (In re Sovish, 226 USPQ 771) and a conclusion of obviousness can be made from "common sense" of the person of ordinary skill in the art without any specific hint or suggestion in a particular reference. (In re Bozek, 163 USPQ 545, 549 (CCPA 1969).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS ANDREW FINK whose telephone number is (571) 270-3373. The examiner can normally be reached on M-Th 9-7.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devon Kramer can be reached on (571) 272-7118. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4373.
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/Thomas Fink/Examiner, Art Unit 3746
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