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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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)(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.
Claims 1-3, 11 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US8474477 (“Melisz”).
Regarding claim 1, Melisz discloses a backwater valve cover comprising:
a base (12) configured to be installed above a backwater valve, the base including:
a central access opening (opening extending through rim 12b),
a first plurality of fastener holes (18a) configured to accept a first plurality of fasteners (18b), and
a second plurality of fastener holes (holes disposed on rim 12b, which receive bolts 18t) configured to accept a second plurality of fasteners (18t); and
a lid (14) configured to cover the central access opening and be fastened to the base via the second plurality of fasteners.
Regarding claim 2, Melisz discloses the base (12) being rectangular in shape and is configured to sit on a floor surface (surface of concrete floor 22), and
the lid is rectangular in shape (see fig. 1).
Regarding claim 3, Melisz discloses the first plurality of fasteners (18b), wherein:
the first plurality of fastener holes (18a) are distributed along an inner perimeter side of an outer edge (circumferential edge of base 12) of the base (12), and
the first plurality of fasteners are configured to fasten the base to the floor surface (22) such that the base is hermetically sealed against the floor surface (via sealing gasket 18c).
Regarding claim 11, Melisz discloses the second plurality of fasteners (18t) are bolts (see fig. 1) configured to pass through the lid (14) and thread into the base (12) via the second plurality of fastener holes (holes disposed on rim 12b, which receive bolts 18t).
Regarding claim 12, Melisz discloses a gasket (18c) configured to be positioned between the base (12) and the floor surface (22).
Claims 1 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US6276093 (“Janesky”).
Regarding claim 1, Janesky discloses a backwater valve cover comprising:
a base (16) configured to be installed above a backwater valve, the base including:
a central access opening (opening within which covered by cover 39 is disposed; see fig. 2),
a first plurality of fastener holes (17) configured to accept a first plurality of fasteners (15), and
a second plurality of fastener holes (holes through which bolts 38 extend; see fig. 2) configured to accept a second plurality of fasteners (38); and
a lid (26) configured to cover the central access opening and be fastened to the base via the second plurality of fasteners.
Regarding claim 4, Janesky discloses the base (16) includes a lip (lip against which cover 39 rests; see fig. 2) defining the central access opening (opening within which cover 39 is disposed; see fig. 2), the lip having a lip planar surface (lip against which cover 39 rests; see fig. 2) offset from an outer planar surface (upper surface, relative to the orientation of fig. 2) of the base.
Regarding claim 5, Janesky discloses the lip (lip against which cover 39 rests; see fig. 2) includes the second plurality of fastener holes (holes through which bolts 38 are fastened), the second plurality of fastener holes being distributed along an outer perimeter side of the central access opening (opening within which covered by cover 39 is disposed; see fig. 2).
Regarding claim 6, Janesky discloses the second plurality of fasteners (38), wherein the second plurality of fasteners are configured to hermetically seal (bolts 38 provide sealing of outer perimeter of flange 30a and lid 39 to base 16, while allowing passage of liquid through holes 41) the lid (39) to the base (16).
Regarding claim 7, Janesky discloses a thickness of the lid (39) is equal to the offset of the lip planar surface (lip against which cover 39 rests; see fig. 2) such that an outer surface (upper surface, relative to the orientation of fig. 2) of the lid is flush with the outer planar surface of the base (16) when the lid is fastened to the base.
Claims 1, 4-6, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB2475413 (“Lee”).
Regarding claim 1, Lee discloses a backwater valve cover comprising:
a base (12) configured to be installed above a backwater valve, the base including:
a central access opening (opening defined by interior surface of bowl 24),
a first plurality of fastener holes (28) configured to accept a first plurality of fasteners (screws which engage “screw holes” 28), and
a second plurality of fastener holes (38) configured to accept a second plurality of fasteners (20); and
a lid (defined mainly by 16 and 18) configured to cover the central access opening (opening defined by interior surface of bowl 24) and be fastened to the base via the second plurality of fasteners.
Regarding claim 4, Lee discloses the base (12) includes a lip (32) defining the central access opening (opening defined by interior surface of bowl 24), the lip having a lip planar surface (see planar surface 32 in cross-section of fig. 2) offset from an outer planar surface (26) of the base.
Regarding claim 5, Lee discloses the lip (32) includes the second plurality of fastener holes (38), the second plurality of fastener holes being distributed along an outer perimeter side of the central access opening (opening defined by interior surface of bowl 24).
Regarding claim 6, Lee discloses the second plurality of fasteners (20), wherein the second plurality of fasteners are configured to hermetically seal (via clamping of membrane 72 between ring 16 and base 12) the lid (defined mainly by 16 and 18) to the base (12).
Regarding claim 8, Lee discloses a seal gap (gap between sidewalls 30 and 16b) exists between the lid (defined mainly by 16 and 18) and the base (12) when the lid is fastened to the base, the seal gap being configured to receive a sealing gasket (sealing membrane 72; see fig. 2).
Regarding claim 9, Lee discloses the lid (defined mainly by 16 and 18) includes a cap (18) configured to be knocked out and provide access to a backwater valve (14) covered by the backwater valve cover.
Allowable Subject Matter
Claim 10 is 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:
Regarding claim 10, the closest prior art does not disclose or render obvious the backwater valve cover, wherein the lid includes a threaded portion beneath cap, in combination with the limitations of the base claim and any intervening claim(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR100645885 and US5722791 discloses a roof drain fitting having a base and a lid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hailey K. Do whose direct telephone number is (571)270-3458 and direct fax number is (571)270-4458. The examiner can normally be reached on Monday-Thursday (8:00AM-5:00PM ET) and Friday (8:00AM-12:00PM ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Kenneth Rinehart at 571-272-4881, or Craig M. Schneider at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAILEY K. DO/Primary Examiner, Art Unit 3753