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 Objections
Claims 10-14 are objected to because of the following informalities: the preamble does not match the parent claim preamble. Examiner believes claims 10-14 should depend from independent claim 8 in some way; however, for the purpose of examination they are being treated as currently recited and dependent on claims 1, 2, 5 and 6. Appropriate correction is required.
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) 1-4, 8, 10-11, 15-18, 22, and 24-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 11,219,341 (hereinafter Mclean).
Regarding claim 1, Mclean discloses a cartridge system (10) comprising: a cartridge (12) formed to fit into the drain of a urinal (col. 8, ln. 21-27), the cartridge having an orifice (30) formed therein to regulate a flow of flushing water in a bowl of the urinal in a controlled manner such that the flushing water rises to a predetermined level and drains at a predetermined rate within the bowl when the urinal is flushed (col. 5, ln. 16-24).
Regarding claim 2, Mclean discloses further comprising: a chemical volume (33) disposed within the bowl of the urinal, whereby when the urinal is flushed and the flushing water rises to the predetermined level within the bowl, the flushing water contacts the chemical volume and becomes chemically infused (col. 4, ln. 61-col. 5, ln. 2).
Regarding claims 3 and 10, Mclean discloses wherein the chemical volume (33) is attached with the cartridge (via 32).
Regarding claims 4 and 11, Mclean discloses wherein the chemical volume (33) is detachably attached with the cartridge (col. 5, ln. 1-8; col. 7, ln. 8-13).
Regarding claim 8, Mclean discloses a urinal flushing system comprising: a flushing water source having an adjustable flush water output (col. 8, ln. 28-34); and a cartridge (12) formed to fit into the drain of a urinal (col. 8, ln. 21-27), the cartridge having an orifice (30) formed therein to regulate a flow of flushing water in a bowl of the urinal in a controlled manner such that the flushing water rises to a predetermined level and drains at a predetermined rate within the bowl when the urinal is flushed (col. 5, ln. 16-24).
Regarding claim 15, Mclean discloses a cartridge system kit comprising: a cartridge (12) formed to fit into the drain of a urinal (col. 8, ln. 21-27), the cartridge having an orifice (30) formed therein to regulate a flow of flushing water in a bowl of the urinal in a controlled manner such that the flushing water rises to a predetermined level and drains at a predetermined rate within the bowl when the urinal is flushed (col. 5, ln. 16-24).
Regarding claim 16, Mclean discloses further comprising: a chemical volume (33) disposed within the bowl of the urinal, whereby when the urinal is flushed and the flushing water rises to the predetermined level within the bowl, the flushing water contacts the chemical volume and becomes chemically infused (col. 4, ln. 61-col. 5, ln. 2).
Regarding claim 17, Mclean discloses wherein the chemical volume (33) is attached with the cartridge (via 32).
Regarding claim 18, Mclean discloses wherein the chemical volume (33) is detachably attached with the cartridge (col. 5, ln. 1-8; col. 7, ln. 8-13).
Regarding claim 22, Mclean discloses a urinal flushing system kit comprising: a flushing water source having an adjustable flush water output (col. 8, ln. 28-34); and a cartridge (12) formed to fit into the drain of a urinal (col. 8, ln. 21-27), the cartridge having an orifice (30) formed therein to regulate a flow of flushing water in a bowl of the urinal in a controlled manner such that the flushing water rises to a predetermined level and drains at a predetermined rate within the bowl when the urinal is flushed (col. 5, ln. 16-24).
Regarding claim 24, Mclean discloses wherein the chemical volume (33) is attached with the cartridge (via 32).
Regarding claim 25, Mclean discloses wherein the chemical volume (33) is detachably attached with the cartridge (col. 5, ln. 1-8; col. 7, ln. 8-13).
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) 5-7, 9, 12-14, 19-21, 23, 26-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mclean in view of EP 2,487,304 (hereinafter Todd).
Regarding claims 5, 12, 19 and 26, Mclean fails to show the orifice is adjustable to adjust the flow rate of the flushing water therethrough. Attention is turned to Todd in the same field of endeavor of urinal inserts which shows including an adjustable orifice (9, 15) to adjust the flow rate of flushing water through the cartridge (par. 40). 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 Mclean to include an adjustable orifice to control the flow of fluid through the cartridge as evidenced by the teachings of Todd.
Regarding claims 6, 13, 20, and 27, as modified by Todd above, Todd shows the orifice is an orifice occlusion system (5, 6) comprising an orifice containing surface (5) having an orifice (9) with an area formed therethrough and a cover surface (6) disposed thereon, where the cover surface (6) occludes at least a portion of the orifice (9), and where at least one of the cover surface and orifice-containing surface can be moved relative to the other to adjust the area of the orifice to adjust the flow rate of the flushing water therethrough (par. 39, 40).
Regarding claims 7, 14, 21, and 28, as modified by Todd above, Todd shows the orifice occlusion system includes a plurality of orifices (9) where the cover surface (6) can be moved to cover a portion of the plurality of orifices (par. 39).
Regarding claims 9 and 23, Mclean fails to show the flushing water source includes an adjustable flushing water orifice to adjust flushing water output. Attention is turned to Todd in the same field of endeavor of urinal inserts which shows including an adjustable orifice (9, 15) to adjust the flow rate of flushing water through the cartridge (par. 40). 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 Mclean to include an adjustable orifice to control the flow of fluid through the cartridge as evidenced by the teachings of Todd.
Conclusion
Applicant is advised that should claims 1-14 be found allowable, claims 15-28 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). The term “kit” in the preamble of claims 15-28 does not alter the scope of the claims sufficiently to preclude a duplicate claim warning as the entire text of both claim sets is identical other than the word “kit.”
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication 2015/0074892 is directed to the state of the art of odor traps for drains in urinals.
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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