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 § 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.
Claim 10 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.
Claim 10 requires the following limitation:
the clip in one direction is stopped by one of two peripheral straight edge surfaces of a leg of the clip contacting the contact surface of the spacer member
This limitation introduces two new ‘peripheral straight edge surfaces” on the moveable clip which are responsible for engaging with the support of the clip device to limit the pivoting/rotation of the moveable clip. Claim 1, however, from which claim 10 depends already recites the limitation:
wherein the clip comprises two peripheral straight edge surfaces defining a first end stop in a first direction…and a second end stop in a second direction
Based on the claim language and context of claims 1 and 10 both pairs of ‘peripheral straight edge surfaces’ claimed as being part of the moveable clip serve the same purpose of limiting the moveable clip’s rotation/pivoting during operation and from the Specification also appear to be referencing the same structures. As such claim 10 introduces the same structure/portion of the moveable clip which was already introduced and as such is an improper double inclusion rather than further defining an already recited structure/feature.
Where a claim directed to a device can be read to include the same element twice, the claim may be indefinite. See MPEP 2173.05(o).
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 1-6, 8-11, 14-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 9,382,702 (Wisniewski) in view of GB 1035961(GB).
Regarding claim 1, Wisniewski discloses a clip device (10) for securing a sink (50) to a worktop, wherein the clip device is adapted for being connected to the sink (Fig. 5A), the clip device comprises:
a moveable clip (30) that is adapted for engagement with the worktop (51) (Fig. 9D),
wherein the clip device is adapted for movement of the clip between a non-operational position, in which the clip is prevented from engagement with the worktop, and an operational position, in which the clip is allowed to engage with the worktop (C3L58-C4L3) (Figs. 9A-9B),
wherein the clip is in a retracted state in the non-operational position and in an extended state in the operational position (C3L26-C4L3) (Figs. 9A-9B),
wherein the non-operational position and the operational position are angularly spaced (C3L58-C4L3) (Figs. 9A-9B),
wherein the clip device is adapted for maintaining the clip in the non-operational position so that the clip device may be connected to the sink during movement of the sink towards a desired position relative to an opening of the worktop and that the clip device is adapted for movement of the clip from the non-operational position towards the operational position when the sink is in the desired position relative to the worktop (C3L26-51),
wherein the moveable clip, as previously discussed, moves between a first non-operational stop position and a second operational stop position angularly displaced from one another in which they contact the clip device (C3L58-C4L14), the moveable clip further comprising at least two peripheral straight edge surfaces connected by a rounded peripheral edge surface (Annotated figure below).
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Wisniewski, however, does not explicitly disclose how the moveable clip and the clip device engage to lock the moveable clip in the first non-operable position and second operable positions such as the adjacent peripheral straight edge surfaces acting as first and second stops.
GB teaches a clip device (Figs. 1, 2) for mounting a sink in a worktop (2) comprising a moveable clip (8) mounted on a screw (4) which moves from a first non-operational position to a second operational position which is angularly displaced from the first (Fig. 3; Pg. 2 L99-121). GB further teaches that the movable clip comprises a first and second peripheral straight edge (15; annotated figure below) joined by a rounded peripheral edge surface (12) and wherein the peripheral edges engage a contact surface of a spacer member (5) (Figs. 2, 3) (Pg. 2 L99-121).
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It would have been obvious to one of ordinary skill in the art to facilitate the stopping of the moveable clip in the first and second positions through the use of two peripheral straight edge surfaces joined by a rounded peripheral edge surface, as taught by GB, as such a configuration facilitates such a rotational and stopping/locking action without requiring additional structures or mechanisms which could increase cost and complexity.
Regarding claim 2, Wisniewski states that the moveable clip is arranged to be pivoted between the non-operational position and the operational position (C3 L46-51).
Regarding claim 3, Wisniewski states that the non-operational position and the operational position are angularly spaced by about 90 degrees (C4 L9-10; Fig. 9C).
Regarding claim 4, Wisniewski states that the clip device is adapted to guide the clip from the non-operational position via a first pivoting motion to the operational position followed by movement along a straight line with the clip in the operational position for engagement with the worktop (C3L58-C4L13; Fig. 9C).
Regarding claim 5, Wisniewski states that the clip device further comprises a screw (20) adapted for moving the clip between the non-operational position and the operational position, wherein the clip has a threaded through-hole adapted for engagement with threads of the screw (C3L12-25; Lateral portion 32 of clip 30 is threadably mounted on the screw through a threaded hole) (Annotated figure below).
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Regarding claim 6, Wisniewski states that the clip comprises a first leg (32) and a second leg (34) extending at an angle relative to the first leg, wherein the first leg of the clip has the threaded through-hole adapted for engagement with the screw and wherein a free end of the second leg has an engagement portion adapted for engagement with the workshop (Annotated figure above).
Regarding claim 7, Wisniewski states that the peripheral straight edge surfaces and rounded peripheral edge surface between are adjacent the through hole (Fig. 16, annotated figure below) and Wisniewski in view of GB teaches the use of adjacent peripheral straight edge surfaces with a rounded peripherals edge surface between them as first and second stops for a moveable clip of a sink clip device as previously discussed.
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Regarding claim 8, Wisniewski states that the clip device comprises a support structure (15) for connection to the sink, wherein a contact surface of the clip (underside of leg 32) is adapted for engagement with a corresponding contact surface of the support structure (upper surface of lower stop 47) for maintaining the clip in the non-operational position via friction between the contact surfaces (C3L26-51; Annotated figure below; In so much as Applicant’s invention achieves this, the moveable clip is threaded into place and secured in place by the screw against the clip device).
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Regarding claim 9, Wisniewski states that the support structure (15) comprises two spaced support members (17/47) and a spacer member (structure forming channel 16) that connects the two spaced support members (Figs. 1A, 3, 8), wherein each support member has a through hole (18, annotated figure below) which are in line with each other, wherein a screw (20) is freely rotatably arranged in the through-holes of the support members and wherein the clip is movably arranged between the two spaced support members (Figs. 8-9D, C3L12-25).
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Regarding claim 10, Wisniewski states that the moveable clip is arranged on the spacer member such that pivoting of the moveable clip in one direction is stopped by a surface of the spacer member and pivoting of the moveable clip in the other direction is stopped by a surface of the spacer member (C3L41-C4L14; ‘Locks’ into each position of retracted or extended by rotating into position and being stopped by the surface of the spacer) as previously discussed and the spacer comprises a surface facing the moveable clip. GB teaches the engagement of first and second straight edge peripheral surfaces of a moveable clip against a contact surface of a spacer facing the moveable clip (interior surface of spacer 5) as previously discussed. As such the combination of Wisniewski in view of GB teaches the claimed subject matter.
Regarding claim 11, Wisniewski states a first leg (32) of the moveable clip has the moveable clip contact surface and a first one of the two spaced support members has the corresponding support surface contact surface for maintaining the clip in the non-operational position via friction between the contact surfaces (Annotated figures below - bottom of leg 32 engages the upper surface of the lower limiting surface of the clip device support structure).
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Regarding claim 13, Wisniewski discloses a sink arrangement for securing a sink (50) to a worktop (51) comprising:
the sink (50) including a plurality of connection elements (71) distributed around a periphery of the sink (Fig. 2; C4L21-26);
a plurality of clip devices (10) each comprising:
a moveable clip (30) that is adapted for engagement with the worktop (51) (Fig. 9D),
wherein the clip device is adapted for movement of the clip between a non-operational position, in which the clip is prevented from engagement with the worktop, and an operational position, in which the clip is allowed to engage with the worktop (C3L58-C4L3) (Figs. 9A-9B),
wherein the clip is in a retracted state in the non-operational position and in an extended state in the operational position (C3L26-C4L3) (Figs. 9A-9B),
wherein the non-operational position and the operational position are angularly spaced (C3L58-C4L3) (Figs. 9A-9B),
wherein the clip device is adapted for maintaining the clip in the non-operational position so that the clip device may be connected to the sink during movement of the sink towards a desired position relative to an opening of the worktop and that the clip device is adapted for movement of the clip from the non-operational position towards the operational position when the sink is in the desired position relative to the worktop (C3L26-51),
wherein the moveable clip, as previously discussed, moves between a first non-operational stop position and a second operational stop position angularly displaced from one another in which they contact the clip device (C3L58-C4L14), the moveable clip further comprising at least two peripheral straight edge surfaces connected by a rounded peripheral edge surface (Annotated figure below); and
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wherein each one of the plurality of clip devices is adapted for connection (70; C3L26-51) to one of the plurality of connection elements of the sink, wherein an engagement portion of the clip for engagement with the worktop is in the retracted state proximate to the sink (C3L26-45) and in the extended state distant to the sink (C3L46-C4L13) (Figs. 5A-6, 9A-9D).
Wisniewski, however, does not explicitly disclose how the moveable clip and the clip device engage to lock the moveable clip in the first non-operable position and second operable positions such as the adjacent peripheral straight edge surfaces acting as first and second stops.
GB teaches a clip device (Figs. 1, 2) for mounting a sink in a worktop (2) comprising a moveable clip (8) mounted on a screw (4) which moves from a first non-operational position to a second operational position which is angularly displaced from the first (Fig. 3; Pg. 2 L99-121). GB further teaches that the movable clip comprises a first and second peripheral straight edge (15; annotated figure below) joined by a rounded peripheral edge surface (12) and wherein the peripheral edges engage a contact surface of a spacer member (5) (Figs. 2, 3) (Pg. 2 L99-121).
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It would have been obvious to one of ordinary skill in the art to facilitate the stopping of the moveable clip in the first and second positions through the use of two peripheral straight edge surfaces joined by a rounded peripheral edge surface, as taught by GB, as such a configuration facilitates such a rotational and stopping/locking action without requiring additional structures or mechanisms which could increase cost and complexity.
Regarding claim 14, Wisniewski further states that the sink comprises a container (53) and a rim (52) extending around the container, wherein the plurality of clip devices are adapted to be connected to the sink below the rim with the clip in the non-operational position such that the engagement portion of the clips are spaced from a peripheral edge of the rim seen from above so that the sink may be lowered into an opening in the worktop while the plurality of clip devices are connected to the sink (C3L26-45; Fig. 5B-6).
Regarding claim 15, Wisniewski states that the moveable clip of at least one of the plurality of clip devices is arranged to be pivoted between the non-operational position and the operational position (C3 L46-51).
Regarding claim 16, Wisniewski states that the non-operational position and the operational position are angularly spaced by about 90 degrees (C4 L9-10; Fig. 9C).
Regarding claim 17, Wisniewski states that at least one of the plurality of clip devices is adapted to guide the clip from the non-operational position via a first pivoting motion to the operational position followed by movement along a straight line with the clip in the operational position for engagement with the worktop (C3L58-C4L13; Fig. 9C).
Regarding claim 18, Wisniewski states that the clip of at least one of the plurality of clip devices includes a first leg (32) and a second leg (34) extending at an angle relative to the first leg, wherein the first leg of the clip has a threaded through-hole adapted for engagement with a screw (20) and wherein a free end of the second leg has an engagement portion adapted for engagement with the workshop (Annotated figure below; C3L12-25; Lateral portion 32 of clip 30 is threadably mounted on the screw through a threaded hole).
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Regarding claim 19, Wisniewski states that the peripheral straight edge surfaces and rounded peripheral edge surface between are adjacent the through hole (Fig. 16, annotated figure below) and Wisniewski in view of GB teaches the use of adjacent peripheral straight edge surfaces with a rounded peripherals edge surface between them as first and second stops for a moveable clip of a sink clip device as previously discussed.
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Regarding claim 20, Wisniewski states that at least one of the plurality of clip devices includes a support structure (15) for connection to the sink, wherein a contact surface (bottom surface of leg 32) of the clip of the at least one clip device is adapted for engagement with a corresponding contact surface of the support structure (upper surface of lower stop 47) for maintaining the clip in the non-operational position via friction between the contact surfaces (Annotated figure below).
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Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wisniewski in view GB as applied to claim 1 above, and further in view of US 4,432,106 (Smith).
Regarding claim 12, Wisniewski states that a projection (71) on the sink basin is received in an aperture (70) of the clip device instead of a projection of the clip device being received in an aperture of the sink basin.
Smith teaches a clip device (24) for mounting a sink (10/20) in a worktop (14/16/17) comprising a moveable clip (34) wherein the clip device further comprises a projections (36) which connects to a hole (22) in the sink so that the clip device may hand from the sink (Fig. 1).
It would have been obvious to one of ordinary skill in the art to provide a projection on the clip device for connection with a hole on the sink ,as taught by Smith, as an alternative coupling arrangement for securing the clip to the sink to facilitate use of the clip device with different models of sinks
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
EP 1598489 (Demel) teaches a clip device for mounting a sink in a worktop comprising a clip device support structure and a moveable clip wherein the support structure comprises a projection for insertion in a hole of the sink and the movable clip is configured to be pivotally rotated during a mounting process.
US 2,812,521 (Skinner) teaches a sink mounting system comprising a sink with a plurality of holes for receiving a projection of a clip device having an adjustable screw member.
US 3,008,150 (Lyon) teaches a clip device for a sink which pivots a moveable clip between an operational and non-operational position as well as vertically displaces the moveable clip.
US 4,589,170 (Ponting) teaches a sink mounting system comprising a plurality of different holes and rails for attachment to/formation on a sink as well as different clip devices including different protrusions for connecting with the sink holes to secure the clip device in place.
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