6Notice 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 1-20 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.
The term “substantially” in claims 1, 5, 6, 9-11 14-18 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Regarding 1, 11, 17, it is unclear how close the upper groove is located in relation to the head of the pin. Regarding claims 1, 5, 10, 11, 14, 16, 17, it is unclear how flat the shank surface is. Regarding claims 6, 15, it is unclear how close the lower groove is located to the head of the pin and the threads of the pin. Regarding claim 9 and 18, it is unclear how parallel the upper and the lower wall are to each other and how orthogonal the back wall is to the lower wall.
Claim Rejections - 35 USC § 103
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) 1-7, 9-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ball (US Patent 5,758,368) in view of Bruno et al (US Patent 5,749,105 herein after Bruno).
Regarding Claims 1-3, Ball shows a drain closure assembly, comprising: a strainer body (14) comprising a bore (near 38) with internal threads (38); a stopper (40) comprising a head (48) and a sleeve (42) extending below the head of the stopper (Fig.2); and a pin (24) comprising: a head (34), a shank (24) extending below the head, threads (36) disposed below the shank and configured to couple with the internal (38) threads of the strainer body (14) , an upper groove (30) disposed in the outer surface of the shank and substantially adjacent to the head of the pin (Fig.2). A substantially flat shank surface (32) disposed on the outer surface of the shank and extending along a length of the shank from below (near 33) the upper groove past at least a lower wall forming the upper groove (Fig.6). Ball fails to show a lower groove disposed in an outer surface of the shank. Bruno teaches a drain stopper having a lower groove (28) disposed in an outer surface of the shank (Fig.3). The lower groove is configured to receive a friction ring (column 3 lines 10-15). The friction ring is configured to frictionally contact an internal surface of the sleeve (lower portion of 16; Fig.2) (column 3 lines 10-15). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove with a friction ring in order to keep the stopper open (Bruno column 1 lines 60-64).
Regarding Claim 4, Ball shows the drain closure assembly of claim 1, wherein the upper groove is configured to receive a D-ring (50), and wherein the D-ring is configured to sit on a shoulder (above the sleeve 42) of the stopper (Fig.3).
Regarding Claim 5, Ball shows the drain closure assembly of claim 1, wherein the substantially flat shank surface (32) extends from the bottom of shank past the lower wall forming the upper groove (Fig.5). Ball fails to show to show a lower groove. Bruno teaches a drain stopper having a lower groove (28) disposed in an outer surface of the shank (Fig.3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove in order to keep the stopper open (Bruno column 1 lines 60-64). The combination yields a substantially flat shank surface extends from below the lower groove to a bottom surface of the head of the pin.
Regarding Claim 6, Ball shows the drain closure assembly of claim 1, but fails to show a lower groove. Bruno teaches a stopper wherein the lower groove (28) is disposed substantially halfway between the threads (located above 49) of the pin and the head (22) of the pin. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove in order to keep the stopper open (Bruno column 1 lines 60-64).
Regarding Claim 7, Ball shows the drain closure assembly of claim 1, wherein the head (34) of the pin has a diameter that is greater than a diameter of the shank (24) (Fig.4).
Regarding Claim 9, Ball shows the drain closure assembly of claim 1, but fails to show a lower groove. Bruno teaches a stopper wherein the lower groove (28) is formed by an upper wall (see annotated figure below), a lower wall (see annotated figure below)) substantially parallel to the upper wall, and a back wall (see annotated figure below) substantially orthogonal to the upper wall and the lower wall. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove in order to keep the stopper open (Bruno column 1 lines 60-64).
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Regarding Claim 10, Ball shows the drain closure assembly of claim 1, wherein the substantially flat shank surface (32) extends from the bottom of the shank past the lower wall forming the upper groove (Fig.5). Ball fails to show to show a lower groove. Bruno teaches a drain stopper having a lower groove (28) disposed in an outer surface of the shank (Fig.3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove in order to keep the stopper open (Bruno column 1 lines 60-64). The combination yields a substantially flat shank surface extends from below the lower groove past the lower wall forming the upper groove.
Regarding Claim 11, Ball shows a pin for a drain closure assembly, comprising: a head (34); a shank (24) extending below the head (Fig.1); threads (36) disposed below the shank and configured to couple with the internal threads (38) of a strainer body (14); an upper groove (30) disposed in the outer surface of the shank (Fig.2) and substantially adjacent to the head of the pin (Fig.2); and a substantially flat shank surface (32) disposed on the outer surface of the shank (Fig.6) and extending along a length of the shank from below the upper groove past at least a lower wall forming the upper groove (Fig.6). Ball fails to show a lower groove disposed in an outer surface of the shank. Bruno teaches a drain stopper having a lower groove (28) disposed in an outer surface of the shank (Fig.3). The lower groove is configured to receive a friction ring (column 3 lines 10-15). The friction ring is configured to frictionally contact an internal surface of the sleeve (lower portion of 16; Fig.2) (column 3 lines 10-15). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove with a friction ring in order to keep the stopper open (Bruno column 1 lines 60-64).
Regarding Claim 12, Ball shows the pin of claim 11, but fails to show a lower groove. Bruno teaches a drain stopper having a lower groove (28). The lower groove is configured to receive a friction ring (column 3 lines 10-15). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove with a friction ring in order to keep the stopper open (Bruno column 1 lines 60-64).
Regarding Claim 13, Ball shows the pin of claim 11, wherein the upper groove is configured to receive a D-ring (50; Fig.3).
Regarding Claim 14, Ball shows the drain closure assembly of claim 11, wherein the substantially flat shank surface (32) extends from the bottom of the shank to a bottom surface of the head of the pin (Fig.5). Ball fails to show to show a lower groove. Bruno teaches a drain stopper having a lower groove (28) disposed in an outer surface of the shank (Fig.3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove in order to keep the stopper open (Bruno column 1 lines 60-64). The combination yields a substantially flat shank surface extends from below the lower groove to a bottom surface of the head of the pin.
Regarding Claim 15, Ball shows the drain closure assembly of claim 11, but fails to show a lower groove. Bruno teaches a stopper wherein the lower groove (28) is disposed substantially halfway between the threads (located above 49) of the pin and the head (22) of the pin. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove in order to keep the stopper open (Bruno column 1 lines 60-64).
Regarding Claim 16, Ball shows the drain closure assembly of claim 11, wherein the substantially flat shank surface (32) extends from the bottom of the shank past the lower wall forming the upper groove (Fig.5). Ball fails to show to show a lower groove. Bruno teaches a drain stopper having a lower groove (28) disposed in an outer surface of the shank (Fig.3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove with a friction ring in order to keep the stopper open (Bruno column 1 lines 60-64). The combination yields a substantially flat shank surface extends from below the lower groove past the lower wall forming the upper groove.
Regarding Claim 17, Ball shows a drain closure assembly, comprising: a strainer (14) body comprising a bore (38) with internal threads; a stopper (40) comprising a head (48) and a sleeve (42) extending below the head of the stopper; a pin comprising: a head (34), a shank (24) extending below the head, threads (36) disposed below the shank and configured to couple with the internal threads (38) of the strainer body (14), an upper groove (30) disposed in the outer surface of the shank and substantially adjacent to the head of the pin (Fig.5), and a substantially flat shank surface (32) disposed on the outer surface of the shank (Fig.5) and extending along a length of the shank from a bottom surface (near 36) of the shank to a bottom surface of the head of the pin (Fig.5); and a D-ring (50) configured to fit into the upper groove 30). Balls fails to show a lower groove disposed in an outer surface of the shank. Bruno teaches a drain stopper having a lower groove (28) disposed in an outer surface of the shank (Fig.3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove with a friction ring in order to keep the stopper open (Bruno column 1 lines 60-64).
Regarding Claim 18, Ball shows the drain closure assembly of claim 17, but fails to show a lower groove. Bruno teaches a stopper wherein the lower groove (28) is formed by an upper wall (see annotated figure above), a lower wall (see annotated figure above) substantially parallel to the upper wall, and a back wall (see annotated figure above) substantially orthogonal to the upper wall and the lower wall. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove with a friction ring in order to keep the stopper open (Bruno column 1 lines 60-64).
Regarding Claim 19, Ball shows the drain closure assembly of claim 17, wherein the head (34) of the pin has a diameter that is greater than a diameter of the shank (24) (Fig.4).
Regarding Claim 20, Ball shows the drain closure assembly of claim 17, and further shows wherein the upper groove (30) is configured to receive a D-ring (50). Ball fails to show a lower groove is configured to receive a friction ring. Bruno teaches a drain stopper having a lower groove (28). The lower groove is configured to receive a friction ring (column 3 lines 10-15). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lower groove with a friction ring in order to keep the stopper open (Bruno column 1 lines 60-64).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ball (US Patent 5,758,368) in view of Bruno et al (US Patent 5,749,105 herein after Bruno) as applied to claim 1 above and further in view of Yeh (US Patent 10,174,488). Ball shows the drain closure assembly of claim 1, but fails to show wherein the head of the pin comprises a drive configured to receive a tool. Yeh teaches a stopper having a head (22) of a pin (20) comprises a drive (221) configured to receive a tool. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a head having a drive configured to receive a tool in order to allow the pin to easily removed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rivera (US Patent Publication 4,908,883) is directed to the state of the art as a teaching a pin with two recesses (16, 24). Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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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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/LAUREN A CRANE/Primary Examiner, Art Unit 3754
