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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 9, the claim requires:
The shower drain assembly of claim 1, wherein the retaining ring comprises a plurality of angled teeth
However, the claim depends from claim 1 which defines “a retaining ring comprising a plurality of angled teeth”. As such claim 9 is not further limiting as its limitation was already introduced/defined in claim 1 from which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2023/0167633 (Lorkowski).
Regarding claim 10, discloses a shower drain assembly comprising:
a shower drain (140) comprising:
an upper opening (148);
a lower opening (167); and
a first recess (154; Area between projection 153 and 145B);
a seal (200) comprising a first O-ring feature (218A – configured to contact an inserted pipe and create a seal), a second O-ring feature (218C – configured to contact an inserted pipe and create a seal) and a wiper feature (218B – configured to contact an inserted pipe and create a seal) wherein the seal is configured to be at least partially disposed within the first recess (Fig. 6A) and is configured to seal the shower drain against a pipe (7A-7B) (Para. 0069-0070, 0079) and wherein the wiper feature is disposed between the first O-ring feature and the second O-ring feature (Fig. 3B).
Allowable Subject Matter
Claims 1-8 and 13-20 are allowed.
Claims 11-12 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose a shower drain assembly comprising a shower drain having upper and lower openings, a seal having a wiper feature between two O-ring features at least partially disposed in a first recess in the drain body, a second recess in the drain body which receives a retaining ring comprising a plurality of angled teeth and a cap assembly with an O-ring received in a groove.
The prior art of record does not disclose a shower drain assembly comprising a shower drain body having upper and lower openings, a first recess in the drain body which receives a seal, a second recess in the drain body which receives a retaining ring comprising a plurality of angled teeth and a cap assembly configured to couple to the shower drain body and comprising a third recess which receives an O-ring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2011/0101685 (Lai) teaches a fluid pipe connection device comprising a retaining ring with a plurality of angled teeth and an O-ring however the structure is not a shower drain assembly or shower drain body, the retaining ring and O-ring aren’t installed into a recess or groove and are instead secured within an open space by the insertion of other structures.
US 2,859,452 (Seewack) teaches a drain assembly comprising a drain body with internal threading that receives a cap assembly wherein the cap assembly comprises a cap with an O-ring in a groove/recess for a seal however it doesn’t comprise a first recess or groove within the shower drain body for receiving a gasket or seal comprising two O-ring features on opposing sides of a wiper feature. and it doesn’t teach a groove or recess and a retaining ring having a plurality of angled teeth for engaging a pipe.
US 3,913,928 (Seiichi) teaches a joint assembly for a drain pipe comprising a gasket with a plurality of inwardly protruding engagement members however it does not teach a shower drain system, a shower drain body, a gasket/seal having two O-ring features and a wiper feature or a retaining ring with a plurality of angled teeth.
US 4,318,547 (Ericson) teaches a gasket for use in coupling pipes together comprising a plurality of inwardly protruding engagement members of differing sizes.
US 9,551,138 (McLeod) teaches a shower drain assembly comprising a shower drain and a sealing member comprising a plurality of O-ring features and a wiper feature however a retaining ring with angled teeth is not received within a groove or recess of the drain body.
US 10,794,524 (Bunn) teaches a pipe assembly comprising a pipe coupler comprising upper and lower openings and a plurality of grooves which receive seals in the form of O-ring features however the assembly is not a shower drain and does not teach a retaining ring with a plurality of angled teeth.
CN 112196028 (Zhou) teaches a drain assembly for a bathroom comprising a connecting pipe which utilizes an O-ring feature – wiper feature – O-ring feature sealing arrangement to seal to a drainpipe however this connecting pipe is a different structure than the drain body which does not comprise such features or utilize a retaining ring with a plurality of angled teeth.
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
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