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 elected invention (Group I, claims 1-15 and 17-19) and Species C (Figs. 6-7), there being no allowable generic or linking claim. Applicant submits that claims 1-4, 6, 8-13, 15, 17, and 18 all relate to Species C. However, the Examiner finds the following:
Claims 8-9 are drawn to Species D (Figs 8-12; See Para. 0068-0072 of applicant’s disclosure.).
Claim 10 is drawn to Species A (Figs. 1-3; See Para. 0061-0063 See Para. 0068-0072 of applicant’s disclosure) or Species D.
Election for the invention of Groups I and II was made without traverse and the elections for Species A-F was made with traverse in the reply filed on 06/09/2026. The traversal is on the ground(s) that the Office Action does not set forth a serious search burden amongst each Group. This is not found persuasive because serious search burden is not a requirement for 35 U.S.C 371 restrictions (MPEP § 1850, PCT Rule 13.1, PCT Rule 13.2).
Therefore claims 5, 7-10, 14, 16, and 19 are withdrawn from further consideration pursuant to MPEP § 1850, PCT Rule 13.1, and PCT Rule 13.2 as lacking unity of invention.
The requirement is still deemed proper and is therefore made FINAL.
Status of Claims
Claims 1-16 are amended. Claims 17-19 are new. Claims 5, 7-10, 14, 16, and 19 are withdrawn. Therefore, claims 1-19 are currently pending and claims 1-4, 6, 11-13, 15, and 17-18 have been considered below.
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 4, 6, 11-12, and 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.
Claim 4 recites the limitation "the soft component" in line 2 of claim 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear if applicant intends for the “soft component” to be the “softer component” as recited in line 3 of claim 1.
Similar rejection applies to claims 4, 6, 11-12, and 17
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 11-13, 15, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Birmelin (WO 2018/050273 A2).
Regarding claim 1, Birmelin discloses a sanitary outflow unit (Fig. 10-11, all structural features omitting 28), comprising: a thread (Fig. 10-11, 2) and a gripping surface (Fig. 10-11, 4), wherein the thread is formed at least partially from a hard component (Para. 0106 – “metal”) and the gripping surface is formed at least partially from a softer component (Para. 0092 – “plastic”) than the thread according to a Shore hardness scale (Metal is harder than plastic according to a Shore hardness scale.).
Regarding claim 2, Birmelin discloses the sanitary outflow unit according to claim 1, and further discloses wherein the hard component is connected to the soft component in at least one of a materially bonded or form-fit connection (The soft component is a form-fit connection as described in Para. 0086.)
Regarding claim 3, Birmelin discloses the sanitary outflow unit according to claim 1, and further wherein the gripping surface is firmly connected to the thread (Firmly connected via 11-15 described in Para. 0086-0090).
Regarding claim 4, Birmelin discloses the sanitary outflow unit according to claim 1, and further discloses wherein the soft component forms a sealing element (Fig. 10, 25; Para. 0092).
Regarding claim 6, Birmelin discloses the sanitary outflow unit according to claim 4, and further discloses wherein the sealing element is at least one of circumferential or at least partially cover the thread (Fig. 9-10; The sealing element is circumferential.).
Regarding claim 11, Birmelin discloses the sanitary outflow unit according to claim 1, and further discloses wherein the hard component reinforces at least one section (Fig. 10, 14) of the soft component (Para. 0084-0090).
Regarding claim 12, Birmelin discloses the sanitary outflow unit according to claim 1 and further wherein the soft component is arranged in a surface area (Fig. 1, 12) on the hard component, and height differences of a profile of the hard component are changed by the soft component (A profile height of the thread extending from 26 to 39 is increased with the soft component (4)).
Regarding claim 13, Birmelin discloses the sanitary outflow unit according to claim 1 and further discloses the sanitary outflow unit comprising a jet regulator cartridge (Fig. 10, 32) inserted into a fastening sleeve (Fig. 10, 34; Para. 0078) carrying at least one of the thread or the gripping surface (The fastening sleeve is part of the softer component formed by the softer material and thus the fastening sleeve carries the gripping surface.).
Regarding claim 15, Birmelin discloses a sanitary fitting (Fig. 10, 39) comprising the sanitary outflow unit according to claim 1.
Regarding claim 17, Birmelin discloses the sanitary outflow unit according to claim 2, and further discloses wherein a section of one the soft component or the hard component penetrates the other of the soft component or the hard component (A section of the softer component (Fig. 10, 14) penetrates into the hard component via a groove (Fig. 10,12). See Para. 0085-0089.).
Regarding claim 18, Birmelin discloses the sanitary outflow unit according to claim 4, and further discloses wherein the sealing element protrudes beyond the hard component in a radial direction (The sealing element protrudes beyond the hard component in a radially inward direction towards the centerline (6) as shown in Fig. 10.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW DOMENIC ONDREJCAK whose telephone number is (571)270-5465. The examiner can normally be reached Mon - Fri 8:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW DOMENIC ONDREJCAK/Examiner, Art Unit 3752 July 16, 2026
/TUONGMINH N PHAM/Primary Examiner, Art Unit 3752
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