DETAILED ACTION
DETAILED ACTION
DRAIN CLEANERS AND RELATED SYSTEMS AND METHODS
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.
Claims 2,12-16 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.
Regarding claim 2, claim 2 recites the limitation “one or more slits therein, each of the one or more slits sized to allow a pivot rod of the sink drain to pass therethrough such that the cleaning member can pass from above the pivot rod to below the pivot rod within the sink drain.” which implies the slits can be any shape, which the applicant does not have support for therefore scope of the claim is indefinite. Furthermore, only the drain cleaner is being claimed in claimed not combination of the drain cleaner and pivot rod of the sink drain therefore it would be unclear when infringement would occur ( ie if the drain cleaner is being used for bathtub drain, shower, and a floor drain, etc and not a sink drain).
Regarding claim 12, claim 12 recites the limitation “each of the one or more slits sized to allow a pivot rod of a sink drain to pass therethrough such that the cleaning member.” which implies the slits can be any shape, which the applicant does not have support for therefore scope of the claim is indefinite. Furthermore, only the drain cleaner is being claimed in claimed not combination of the drain cleaner and pivot rod of the sink drain therefore it would be unclear when infringement would occur ( ie if the drain cleaner is being used for bathtub drain, shower, and a floor drain, etc and not a sink drain).
Regarding claims 13-16 are rejected due to depending from rejected claim 12.
Claim Rejections - 35 USC § 102
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)(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) 1,5,7,8,11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Turner et al. (US20260077395A1).
Regarding claim 1, Turner teaches
an extension rod (620a and 620b, figure 41); and
a cleaning member (630, figure 41) configured to couple with the extension rod, the cleaning member comprising one or more flexible members (see para 0161 “see spring”);
wherein the drain cleaner is configured for cleaning a sink drain (para 00161); and
wherein the cleaning member is configured to be manually selectively attached to and detached from the extension rod (para 0163, discloses that element 630 can be disposable) .
Regarding claim 5, Turner teaches further comprising a handle (“handle” para 0160) configured to couple with a terminal end of the extension rod.
Regarding claim 7, Turner teaches further comprising a rigid adapter (650, figure 41) configured to couple between the extension rod and the cleaning member, the rigid adapter having a higher modulus of elasticity than the one or more flexible members (para 0163-0164 element is meant to screw and ensure longitudinal section are connected be able to maintain shape under stress).
Regarding claim 8, Turner teaches
wherein the rigid adapter (see 650, figure 41) is configured (capable of performing this action) to at least partially couple within a hollow cavity of the cleaning member.
Regarding claim 11, Turner teaches
wherein the extension rod includes two arms (see 620a, 620b, figure 41), each arm having a protrusion (para 0163-0164), and wherein the protrusions are configured to releasably secure the extension rod to the cleaning member by coupling within corresponding recesses of the cleaning member (see para 0163-0164, figures 41-42).
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) 2-3,6,9, is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner et al. (US20260077395A1).
Regarding claim 2, Turner teaches all the limitations stated above, but fails to teach wherein the cleaning member comprises one or more slits therein, each of the one or more slits sized to allow a pivot rod of the sink drain to pass therethrough such that the cleaning member can pass from above the pivot rod to below the pivot rod within the sink drain.
However, Turner teaches in different embodiments of the drain cleaner wherein the cleaning member comprises one or more slits therein, each of the one or more slits sized to allow a pivot rod of the sink drain to pass therethrough such that the cleaning member can pass from above the pivot rod to below the pivot rod within the sink drain (see para 0028 ,0134 0168 describes the cleaning member can have various different cleaning members that are different shape that include members that have openings ).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Turner to include one or more slits therein based on the teachings of the different embodiments of Turner. This modification would help with removing hair or other debris anywhere along a drain down to the bottom elbow bends. (see para 0006 of Turner)
Regarding claim 3, Turner teaches all the limitations stated above but fails to teach wherein the one or more flexible members form a spiral configuration.
However, Turner teaches in different embodiments where the drain cleaner has the one or more flexible members form a spiral configuration. (see para 0169, figures 44-45).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Turner to include the one or more flexible members form a spiral configuration based on the teachings of the different embodiments of Turner. This modification would help with removing hair or other debris anywhere along a drain down to the bottom elbow bends. (see para 0006 and 0169 of Turner)
Regarding claim 6, Turner teaches all the limitations stated above ,but fails to teach wherein the cleaning member further comprises at least one rigid member coupled with the one or more flexible members and having a higher modulus of elasticity than the one or more flexible members.
However, Turner teaches in a different embodiment where the drain cleaner has the cleaning member further comprises at least one rigid member coupled with the one or more flexible members and having a higher modulus of elasticity than the one or more flexible members. (see 734, para 0169)
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Turner to have at least one rigid member coupled with the one or more flexible members and having a higher modulus of elasticity than the one or more flexible members based on the teachings of the different embodiments of Turner. This modification would help with removing hair or other debris anywhere along a drain down to the bottom elbow bends. (see para 0006 and 0169 of Turner)
Regarding claim 9, Turner teaches all the limitations stated above,but fails to teach wherein the one or more flexible members comprise a plurality of bristles.
However, Turner teaches in a different embodiment that the drain cleaner can have wherein the one or more flexible members comprise a plurality of bristles (para 0028 and 0169)
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Turner have wherein the one or more flexible members comprise a plurality of bristles based on the teachings of the different embodiments of Turner. This modification would help with removing hair or other debris anywhere along a drain down to the bottom elbow bends. (see para 0006 and 0169 of Turner)
Claim(s) 4,12-15,17-18,20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner et al. (US20260077395A1) in view of Turner (2) (US20260092437A1).
Regarding claim 4, Turner teaches all the limitations stated above, and where the extension rod has a length of at least 40cm (para 0126), but fails to teach wherein the cleaning member has a maximum diameter, measured orthogonal to the length of the extension rod, of between 2 cm and 10 cm.
Turner (2) teaches a drain cleaning device wherein the cleaning member can maximum diameter measured orthogonal to the length of the extension rod, of between 2 cm and 10 cm. (see para 0065).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Turner have wherein the cleaning member has a maximum diameter, measured orthogonal to the length of the extension rod, of between 2 cm and 10 cm based on the teachings of Tuner (2). This modification would ensure the cleaning member would properly correspond to an interior dimension of common sanitary pipe sizes. (see para 0006 and 0169 of Turner)
Regarding claim 12, Turner teaches an extension rod (620a and 620b, figure 41) having a length of at least 40 cm (para 0126);
a handle (para 0160) coupled with a first terminal end of the extension rod; and
a cleaning member (630, figure 41) coupled with a second terminal end of the extension rod, the cleaning member comprising one or more flexible members (see para 0161 “see spring”),
Turner fails to teach the cleaning member further comprising one or more slits therein, each of the one or more slits sized to allow a pivot rod of a sink drain to pass therethrough such that the cleaning member can pass from above the pivot rod to below the pivot rod within the sink drain while cleaning the sink drain
However, Turner teaches in a different embodiment where the drain cleaner has wherein the cleaning member comprises one or more slits therein, each of the one or more slits sized to allow a pivot rod of the sink drain to pass therethrough such that the cleaning member can pass from above the pivot rod to below the pivot rod within the sink drain (see para 0028 ,0134 0168 describes the cleaning member can have various different cleaning members that are different shape that include members that have openings );where the drain cleaner has the one or more flexible members form a spiral configuration; the cleaning member further comprises at least one rigid member coupled with the one or more flexible members and having a higher modulus of elasticity than the one or more flexible members (see 734, para 0169); wherein the one or more flexible members comprise a plurality of bristles (para 0028 and 0169)
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Turner have the teachings within a different embodiment regarding cleaning member design of slits, spiral configuration, or rigid members. This modification would help with removing hair or other debris anywhere along a drain down to the bottom elbow bends. (see para 0006 and 0169 of Turner)
Additionally, Turner fails to teach wherein the cleaning member has a maximum diameter, measured orthogonal to the length of the extension rod, of between 2 cm and 6 cm.
Turner (2) teaches a drain cleaning device wherein the cleaning member can maximum diameter measured orthogonal to the length of the extension rod, of between 2 cm and 10 cm. (see para 0065).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have further modified Turner have wherein the cleaning member has a maximum diameter, measured orthogonal to the length of the extension rod, of between 2 cm and 10 cm based on the teachings of Tuner (2). This modification would ensure the cleaning member would properly correspond to an interior dimension of common sanitary pipe sizes. (see para 0006 and 0169 of Turner)
Regarding claim 13, modified Turner teaches wherein the one or more flexible members form a spiral configuration. (see Turner see para 0169, figures 44-45).
Regarding claim 14, modified Turner teaches wherein the cleaning member is manually removably attached to the extension rod. (see Turner para 0163, discloses that element 630 can be disposable)
Regarding claim 15, modified Turner teaches further comprising a rigid adapter (see Turner 650, figure 41) at least partially coupled within a hollow cavity of the cleaning member.
Regarding claim 17, Turner teaches coupling an extension rod (620a and 620b, figure 41), having a length of at least 40 cm (para 0126), with a cleaning member (630, figure 41), the cleaning member comprising one or more flexible members, the cleaning member having a maximum diameter (para 0161); and sliding the cleaning member down a sink drain, using the extension rod, thereby cleaning the sink drain (para 0006).
However, Turner fails to teach maximum diameter measured orthogonal to the length, of between 2 cm and 10 cm.
Turner (2) teaches a drain cleaning device wherein the cleaning member can maximum diameter measured orthogonal to the length of the extension rod, of between 2 cm and 10 cm. (see para 0065).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Turner have wherein the cleaning member has a maximum diameter, measured orthogonal to the length of the extension rod, of between 2 cm and 10 cm based on the teachings of Tuner (2). This modification would ensure the cleaning member would properly correspond to an interior dimension of common sanitary pipe sizes. (see para 0006 and 0169 of Turner)
Regarding claim 18, Turner as modified above teaches all limitations stated above, but fails to teach wherein the cleaning member comprises one or more slits therein, and wherein the method further comprises allowing a pivot rod of the sink drain to pass through one of the one or more slits while sliding the cleaning member down the sink drain.
However, Turner teaches in different embodiments of the drain cleaner wherein the cleaning member comprises one or more slits therein, each of the one or more slits sized to allow a pivot rod of the sink drain to pass therethrough such that the cleaning member can pass from above the pivot rod to below the pivot rod within the sink drain (see para 0028 ,0134 0168 describes the cleaning member can have various different cleaning members that are different shape that include members that have openings ).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Turner to include one or more slits therein based on the teachings of the different embodiments of Turner. This modification would help with removing hair or other debris anywhere along a drain down to the bottom elbow bends. (see para 0006 of Turner)
Regarding claim 20, modified Turner teaches wherein cleaning the sink drain comprises squeegeeing an inner sidewall of the sink drain using one or more outer edges of the one or more flexible members. (para 0006 and 0161 of Turner)
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner et al. (US20260077395A1) in view of Mitchell (US20220176421A1).
Regarding claim 10, Turner as modified above teaches limitation stated, but fails to teach a cover configured to selectively cover at least a portion of the plurality of bristles.
Mitchell teaches a plumbing tool support accessory that includes a cover configured to selectively cover at least a portion of the plurality of bristles. (para 0021-0025, 0034).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Turner to include a cover configured to selectively cover at least a portion of the plurality of bristles based on the teachings of Mitchell. This modification can help stabilize the drain cleaning device. (see para 0021 of Mitchell)
Claim(s) 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner et al. (US20260077395A1) in view of Turner et al. (US20260092437A1) as applied to claim 12 and 17 further in view of Corbin (US20180328012A1).
Regarding claim 16, Turner as modified above teaches all the limitations stated above, but fails to teach a separate flexible pipe cover configured to be installed on an open end of a pipe, the open end exposed before cleaning the sink drain, to prevent or reduce outgassing therefrom.
Corbin teaches a drain trap with integrated cleanout fittings that has a separate flexible pipe cover configured to be installed on an open end of a pipe, the open end exposed before cleaning the sink drain, to prevent or reduce outgassing therefrom (see para 0013).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Turner to include a separate flexible pipe cover configured to be installed on an open end of a pipe, the open end exposed before cleaning the sink drain, to prevent or reduce outgassing therefrom based on the teachings of Corbin. This modification helps prevent deadly gasses from flowing out (see para 0013 of Corbin).
Regarding claim 19, modified Turner teaches all the limitations stated above, but fails to teach further comprising installing a pipe cover on an open end of a pipe, the open end exposed before cleaning the sink drain, to prevent or reduce outgassing therefrom.
Corbin teaches a drain trap with integrated cleanout fittings that has a separate flexible pipe cover configured to be installed on an open end of a pipe, the open end exposed before cleaning the sink drain, to prevent or reduce outgassing therefrom (see para 0013).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have further modified Turner to include a separate flexible pipe cover configured to be installed on an open end of a pipe, the open end exposed before cleaning the sink drain, to prevent or reduce outgassing therefrom based on the teachings of Corbin. This modification helps prevent deadly gasses from flowing out (see para 0013 of Corbin).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US10683648 discloses a drain cleaning apparatus.
GB365261A discloses a drainpipe cleaners.
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/SARAH AKYAA FORDJOUR/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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