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’s election of Species E is hereby acknowledged. Claims 3 and 8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/18/2026.
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.
Claim(s) 1-2, 4-7, and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 6,067,669 (hereinafter Peterson) in view of US Patent 4,692,948 (hereinafter Martin).
Regarding claim 1, Peterson discloses a drain stopper (10, fig. 2) for a bathtub or a sink having a drain opening and a drain pipe (12) having a drain flange (80) attached to the bathtub or the sink at the drain opening, wherein the drain pipe has crossbars (22) for anchoring the drain stopper, and wherein the crossbars have a central opening (20), the drain stopper (10) comprising:
an open-close mechanism (60, 16, 50) having a longitudinal axis and upper (52, 68) and lower (18, bottom of 56) ends;
a cap (60) engaged with the upper end (52, 68) of the open-close mechanism;
a cap seal (74) engaged with the cap (via recess 70), wherein the cap seal is designed and configured to engage the drain pipe or the drain flange on the drain pipe for retaining water in the bathtub or in the sink (col. 2, ln. 37-40); and
either a ball-and-spring detent mechanism attached to or formed integral with the lower end of the open-close mechanism, wherein the ball-and-spring detent mechanism is designed and configured to pass through the central opening in the crossbars and for the ball to move radially outwardly after passing through the central opening for engaging the drain stopper with the drain pipe (not explicitly disclosed); or
Peterson fails to show the magnet as claimed. Attention is turned to Martin in the same field of endeavor of strainers equipped with stoppers for a drain assembly which teaches including a magnet at the lower end of an open close mechanism configured to engage an outlet plate through magnetic attraction to form a strong sealing action (col. 1, ln. 57-63). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the device of Peterson to include a magnet with the lower end of the open-close mechanism to provide a strong sealing force between the stopper assembly and the sealing surface as evidenced by the teachings of Martin mentioned above.
Regarding claim 2, Peterson shows further comprising a strainer (30) engaged directly or indirectly with the open close mechanism.
Regarding claim 4, Peterson shows wherein the cap seal (74) has a hollow frustoconical shape with a smaller end (end that engages body portion containing threads 70) engaged with the cap and a relatively larger end (where the flange extends), wherein the larger end is designed and sized to press downwardly on the drain flange on the drain pipe while the open-close mechanism is in the closed position (col. 2, ln. 37-40) .
Regarding claim 5, Peterson shows wherein the cap seal (74) is designed and configured to engage an inside wall of the drain pipe (note annotated fig. below).\
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Regarding claims 6 and 7, wherein the open-close mechanism is a push mechanism in which a first push downward on the cap moves the stopper from the open position to the closed position and a subsequent push downward on the cap moves the stopper from the closed position back to the open position or a lift-and-lock mechanism or a lift-and-turn mechanism (lift-and-lock mechanism; col. 2, ln. 40-49).
Regarding claim 9, Peterson discloses a drain stopper (10, fig. 2) for a bathtub or a sink having a drain opening and a drain pipe (12) having a drain flange (80) attached to the bathtub or the sink at the drain opening, wherein the drain pipe has crossbars (22) or a rod for anchoring the drain stopper, the drain stopper (10) comprising:
an open-close mechanism (60, 16, 50) having a longitudinal axis, upper (52, 68) and lower ends (18, bottom of 56), wherein the open-close mechanism is a push mechanism, a lift-and-lock mechanism or a lift-and- turn mechanism (lift-and-lock mechanism; col. 2, ln. 40-49);
a cap (60) engaged with the upper end (52, 68) of the open-close mechanism; and
a drain seal (74) engaged with the cap or the open-close mechanism (via recess 70),
Peterson fails to show the lower end is designed and configured to engage the crossbar or the rod through magnetic attraction. Attention is turned to Martin in the same field of endeavor of strainers equipped with stoppers for a drain assembly which teaches including a magnet at the lower end of an open close mechanism configured to engage an outlet plate through magnetic attraction to form a strong sealing action (col. 1, ln. 57-63). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the device of Peterson to include a magnet with the lower end of the open-close mechanism to provide a strong sealing force between the stopper assembly and the sealing surface as evidenced by the teachings of Martin mentioned above.
Regarding claim 10, Martin shows wherein a magnet (54) is attached to or formed integral with the lower end of the open-close mechanism.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 01/76432 A1 is directed to the state of the art of magnetically attached stopper assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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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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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754
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