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 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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by D291,646 (hereinafter Koziol).
Regarding claim 1, Koziol discloses a “sink” grate system (see Figs. 1-6) comprising a primary grate (biggest grate) comprising a first outer rail (see figures), a grate aperture (third or fourth aperture from the left of the biggest grate), and a first set of support rods (one set of support rods); and a grate extension (small grate on the left in Fig. 5) comprising a second outer rail (top or bottom rail) and a second set of support rods (other set of rods within the top and bottom rail); wherein the grate extension is configured to be selectively positionable relative to the primary grate between a first position (see Fig. 1) wherein a first dimension (length) of the “sink” grate system has a first value (see Fig. 1) and a second position (see Fig. 5) wherein the first dimension of the “sink” grate system has a second value (see Fig. 2); and wherein the first value is smaller than the second value.
Regarding claim 2, the “sink” grate system of claim 1 wherein the primary grate further comprises a guide channel (see Fig. 4: the guide channel for the top or bottom rail of the small grate) configured to receive a portion of the second outer rail to allow the grate extension to selectively slide between the first position and the second position.
Regarding claim 3, the “sink” grate system of claim 2 wherein a portion of the primary grate or a portion of the grate extension or both blocks further sliding of the grate extension relative to the primary grate (see Figs. 1 and 4) when the grate extension is in the first position.
Regarding claim 6, the “sink” grate system of claim 2 wherein the grate aperture is not geometrically centered in the primary grate and wherein the grate aperture is fully capable of being configured to be alignable with a drain opening in a sink by (1) rotating the primary grate relative to the “sink” or (2) altering a selected position of the grate extension between the first position and the second position or (3) a combination thereof.
Regarding claim 7, the “sink” grate system of claim 6 wherein a first portion (the portion within the aperture of the biggest grate as shown in Fig. 1) of the second set of support rods obstructs a first portion (the right half) of the grate aperture (third aperture from the left of the biggest grate) when the grate extension is in the first position (see Fig. 1).
Regarding claim 8, the “sink” grate system of claim 7 wherein a second portion (the end portion within the aperture of the biggest grate as shown in Fig. 5) of the second set of support rods obstructs a second portion (portion of the third aperture from the left of the biggest grate where the end portion of the smaller grate is situated as shown in Fig. 5) of the grate aperture when the grate extension is in the second position, and wherein the second portion of the grate aperture is smaller than the first portion of the grate aperture (see Fig. 5).
Regarding claim 9, the “sink” grate system of claim 6 wherein no portion of the second set of support rods obstructs the grate aperture (fourth aperture from the left of the biggest grate) when the grate extension is in the second position (see Fig. 5).
Claim(s) 1-6, 9, 23-24, 26, and 30-34 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 5,645,182 (Miller, Jr.).
Regarding claim 1, Miller, Jr. discloses a “sink” grate system (see Figs. 1-2) comprising a primary grate (22, 24) comprising a first outer rail (26, 34), a grate aperture (formed by the rails (24, 26) and support rods (28, 36, 30, 42)), and a first set of support rods (28, 36, 30, 38); and a grate extension (48, 50) comprising a second outer rail (42, 54) and a second set of support rods (58, 50); wherein the grate extension is configured to be selectively positionable relative to the primary grate between a first position (see Fig. 1) wherein a first dimension (length) of the “sink” grate system has a first value (see Fig. 1) and a second position (see Fig. 2) wherein the first dimension of the “sink” grate system has a second value (see Fig. 2); and wherein the first value is smaller than the second value.
Regarding claim 2, the “sink” grate system of claim 1 wherein the primary grate further comprises a guide channel (44) configured to receive a portion of the second outer rail to allow the grate extension to selectively slide between the first position and the second position.
Regarding claim 3, the “sink” grate system of claim 2 wherein a portion of the primary grate or a portion of the grate extension or both blocks further sliding of the grate extension relative to the primary grate (via the corner where 50 is pointing in Fig. 1) when the grate extension is in the first position.
Regarding claim 4, the “sink” grate system of claim 2 wherein the guide channel comprises an aperture (opening 46) configured to receive a fastener (71) to hold the portion of the second outer rail in a selected position.
Regarding claim 5, the “sink” grate system of claim 4 wherein the portion of the second outer rail comprises an arm (portion of 54 about 71) and wherein a distal end of the arm is disposed to allow the fastener to contact the arm when the selected position is the first position (see Fig. 1).
Regarding claim 6, the “sink” grate system of claim 2 wherein the grate aperture is not geometrically centered in the primary grate and wherein the grate aperture is fully capable of being configured to be alignable with a drain opening in a sink by (1) rotating the primary grate relative to the “sink” or (2) altering a selected position of the grate extension between the first position and the second position or (3) a combination thereof.
Regarding claim 9, the “sink” grate system of claim 6 wherein no portion of the second set of support rods obstructs the grate aperture when the grate extension is in the second position (see Fig. 2).
Regarding claim 23, Miller, Jr. discloses a “sink” grate system (see Figs. 1-2) comprising a primary grate (22, 24) comprising an outer rail (24, 34), an inner rail (42) defining a grate aperture (see Fig. 1), and first set of support members (28, 30) forming a first grid (see Fig. 1); wherein the grate aperture is not positioned in a geometric center of the outer rail of the primary grate; and wherein the primary grate is configured to be selectively rotatable to position the grate aperture in different locations relative to a “sink” drain.
Regarding claim 24, the “sink” grate system of claim 23, wherein the primary grate is rectangular (see Fig. 1).
Regarding claim 26, the “sink” grate system of claim 23, wherein the first set of support members, the outer rail, and the inner rail are substantially coplanar.
Regarding claim 30, the “sink” grate system of claim 23, wherein the “sink” grate system contains no springs or hinges.
Regarding claim 31, the sink grate system of claim 23, further comprising: a grate extension (48, 50) that is configured to laterally extend from the primary grate.
Regarding claim 32, the sink grate system of claim 31, wherein the grate extension is fully capable of being configured to be selectively positionable between a fully inserted position and a fully extended position (see Figs. 1-2).
Regarding claim 33, the sink grate system of claim 32 wherein the grate extension does not increase a length of the primary grate when in the fully inserted position.
Regarding claim 34, the sink grate system of claim 32 wherein the grate extension increases a length of the primary grate by around 25 to 40% when in the fully extended position (see Fig. 2: the extension is about 1/3 in length).
Claim(s) 23-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 97/29670 (hereinafter Duncan).
Regarding claim 23, Duncan discloses a sink grate system comprising a primary grate (see Fig. 1) comprising an outer rail (where 1 is pointing), an inner rail (one of where 2 is pointing) defining a grate aperture (one of the cavity 4), and first set of support members (members 2 nearest to the outer rail) forming a first grid (see Fig. 1); wherein the grate aperture is not positioned in a geometric center of the outer rail of the primary grate; and wherein the primary grate is configured to be selectively rotatable to position the grate aperture in different locations relative to a sink drain.
Regarding claim 24, the sink grate system of claim 23, wherein the primary grate is rectangular (see Fig. 1).
Regarding claim 25, the sink grate system of claim 23, wherein the primary grate is circular (see Fig. 3).
Regarding claim 26, the sink grate system of claim 23, wherein the first set of support members, the outer rail, and the inner rail are substantially coplanar.
Regarding claim 27, the sink grate system of claim 23 further comprising a plurality of feet (3) and wherein the sink grate system is configured so that only the plurality of feet contact a bottom of a sink in which the sink grate system is installed.
Regarding claim 28, the sink grate system of claim 27, wherein each of the plurality of feet comprise a bent portion (see Fig. 1) of one of the first set of support members.
Regarding claim 29, the sink grate system of claim 27, wherein each of the plurality of feet further comprises an elastomeric foot cover (where 3 is pointing).
Regarding claim 30, the sink grate system of claim 23, wherein the sink grate system contains no springs or hinges.
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) 35-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duncan in view of US 1,350,330 (hereinafter Partonnar).
Regarding claim 35, Duncan teaches all of the claimed limitation as discussed regarding claim 23 above except for a removable drain guard configured to be alignable with the grate aperture.
Partonnar teaches an analogous grate system having a primary grate (1, 2) with a grate aperture (formed via ring 8) and a removable grate or “drain guard” (10, 11) configured to align with the grate aperture (see Fig. 1) so as to allow a portion of the grate system to be rotated.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the single grate of Duncan with a grate with a removable grate or “drain guard” as taught by Partonnar, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding claim 36, the sink grate system of claim 35, wherein the removable grate or “drain guard” comprises a body (14, 16) that spans a first portion of the grate aperture (top or bottom portion of grate aperture) and leaves a second portion of the grate aperture unobstructed (left or right portion of grate aperture) as for example shown in Fig. 1 of Partonnar.
Claim(s) 40-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller, Jr. in view of US 2006/0137379 (hereinafter Cawthon).
Regarding claim 40, Miller, Jr. teaches a grate system comprising a primary grate with a grate aperture and a grate extension or first grate extension as discussed regarding claim 1 above is being configured to use in a cooler or cold vault. Miller, Jr. is silent as to the cooler or cold vault being a sink having a drain opening. Attention is directed to the Cawthon reference which teaches a portable sink having a drain opening that can be used as an ice chest or cold vault. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to use the grate system of Miller, Jr. in cold vault or a sink having a drain opening as taught by Cawthon to protect a bottom surface of the cold vault from items via the rods acting as a shelf. Hence, the method as claimed is obvious via the above combination.
Regarding claim 41, the method of claim 40 obviously comprises rotating the primary grate and first grate extension to align at least a portion of the grate aperture with the drain opening as the user’s desired.
Allowable Subject Matter
Claims 10-22, 37-39 and 42 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: Partonnar teaches a removable grate or “drain guard” that is closes in resembling to that of the instant invention. However, there is no valid reason to combine the Partonnar’s teaching with that of Miller, Jr. or Koziol.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN N NGUYEN whose telephone number is (571)272-4892. The examiner can normally be reached Mon-Fri 8-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TUAN N NGUYEN/Primary Examiner, Art Unit 3754
Prosecution Insights