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)(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) 1-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2017/0101769 (hereinafter Scamuffa).
Regarding claim 1, Scamuffa discloses a drain screen for a hidden drain sink, the drain screen comprising a resilient body (see para. [0028]: “elastic material”) extending axially between a proximal end and a distal end; a mounting flange (about 110) supported by the proximal end of the body; a strainer (200) supported by the body distally of the flange (see Fig. 10); and wherein the strainer includes a wall (dome 204) including a plurality of openings (214), the wall being curved axially toward the proximal end of the body (see Fig. 10).
Regarding claim 2, the drain screen of claim 1, wherein the body is formed of a polymer (see para. [0028]: “polymers”).
Regarding claim 3, the drain screen of claim 2, wherein the body is formed of a silicone (see para. [0028]: “silicones”).
Regarding claim 4, the drain screen of claim 1, wherein the wall of the strainer includes a curved section positioned intermediate a first side section and a second side section (see Fig. 10).
Regarding claim 5, the drain screen of claim 1, wherein the mounting flange includes a first side portion (left side portion); a second side portion (right side portion) laterally spaced from the first side portion; an upper portion (top arc portion) extending between the first side portion and the second side portion; a first lower gap (see Fig. 3: the gap between the outer rim and inner edge of 110 on the left side) defined by the first side portion; and a second lower gap (see Fig. 3: the gap between the outer rim and inner edge of 110 on the right side) defined by the second side portion.
Regarding claim 6, the drain screen of claim 1, wherein the body includes a first side wall (left side wall 108); a second side wall (right side wall 108) laterally spaced from the first side wall; an upper wall (top wall portion of 108 when in the orientation as shown in Fig. 2) extending between the first side wall and the second side wall; a bottom wall (see Fig. 3: where 104 is pointing) extending between the first side wall and the second side wall, and positioned below the upper wall; wherein the wall of the strainer extends between the first side wall and the second side wall; and wherein a recess (see Fig. 3: about opening 114) is formed within a lower surface (see Fig. 3) of the bottom wall.
Regarding claim 7, the drain screen of claim 6, further comprising a plurality of axially extending ribs (see Fig. 11: ribs formed by the accordion) supported by the bottom wall within the recess.
Regarding claim 8, the drain screen of claim 1, wherein the plurality of openings of the strainer are horizontally spaced in a plurality of rows (see Fig. 1: top and bottom rows) and vertically spaced in a plurality of columns (left and right columns).
Regarding claim 9, Scamuffa discloses a drain screen for a hidden drain sink, the drain screen comprising a resilient body (see para. [0028]: “elastic material”) extending axially between a proximal end and a distal end; a mounting flange (about 110) supported by the proximal end of the body; a strainer (200) supported by the body distally of the flange (see Fig. 10); and (dome 204) including a plurality of openings (214), the wall including a center section (see Fig. 10) positioned intermediate a first side section (left side section) and a second side section (right side section), the center section extending proximally of the first side section and the second side section (see Fig. 10).
Regarding claim 10, the drain screen of claim 9, wherein the body is formed of a polymer (see para. [0028]: “polymers”).
Regarding claim 11, the drain screen of claim 10, wherein the body is formed of a silicone (see para. [0028]: “silicones”).
Regarding claim 12, the drain screen of claim 9, wherein the center section of the strainer is curved toward the mounting flange (see Fig. 10).
Regarding claim 13, the drain screen of claim 9, wherein the body includes a first side wall (left side wall 108); a second side wall (right side wall 108) laterally spaced from the first side wall; an upper wall (top wall portion of 108 when in the orientation as shown in Fig. 2) extending between the first side wall and the second side wall; a bottom wall (see Fig. 3: where 104 is pointing) extending between the first side wall and the second side wall, and positioned below the upper wall; wherein the wall of the strainer extends between the first side wall and the second side wall; and wherein a recess (see Fig. 3: about opening 114) is formed within a lower surface (see Fig. 3) of the bottom wall.
Regarding claim 14, the drain screen of claim 13, further comprising a plurality of axially extending ribs (see Fig. 11: ribs formed by the accordion) supported by the bottom wall within the recess.
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) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2,847,681 (hereinafter Jacobs).
Regarding claim 15, Jacobs discloses a hidden drain sink comprising a basin including a first side wall (where 5 is pointing in Fig. 1), a second side wall (opposite the first) laterally spaced from the first side wall, a front wall (see Fig. 1) extending between the first side wall and the second side wall, a rear wall (see Fig. 1) extending between the first side wall and the second side wall, the rear wall longitudinally spaced from the front wall, an intermediate wall (bottom wall where 7 is pointing and the wall joining member 9) positioned between the front wall and the rear wall, a drain opening (about 11) defined within the intermediate wall, a drain channel (about 7) extending between the intermediate wall and the rear wall, a bottom wall (9) extending between the first side wall and the second side wall; and a drain screen (where 11 is pointing).
Although Jacobs does not disclose the specific of the drain screen to include a resilient body extending axially between a proximal end and a distal end, the resilient body received within the opening of the intermediate wall of the basin, a strainer supported by the body distally of the flange, and wherein the strainer includes a wall having a plurality of openings.
Attention is directed to the Scamuffa reference which teaches an analogous drain screen further includes a resilient body (see para. [0028]: “elastic material”) extending axially between a proximal end and a distal end; a mounting flange (about 110) supported by the proximal end of the body; a strainer (200) supported by the body distally of the flange (see Fig. 10); and wherein the strainer includes a wall (dome 204) including a plurality of openings (214), the wall being curved axially toward the proximal end of the body (see Fig. 10).
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 drain screen of Jacobs with a drain screen as taught by Scamuffa, 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 16, the hidden drain sink of claim 15 above, wherein Scamuffa’s drain screen teaches the wall of the strainer is curved axially toward the proximal end of the body.
Regarding claim 17, the hidden drain sink of claim 15 above, wherein Scamuffa’s drain screen teaches a mounting flange (about 110) supported by the proximal end of the body.
Regarding claim 18, the hidden drain sink of claim 15 above, wherein Scamuffa teaches the wall of the strainer includes a curved section positioned intermediate a first side section and a second side section.
Regarding claim 19, the hidden drain sink of claim 15 above, wherein Scamuffa teaches wherein the body of the drain screen includes a first side wall (left side wall 108); a second side wall (right side wall 108) laterally spaced from the first side wall; an upper wall (top wall portion of 108 when in the orientation as shown in Fig. 2) extending between the first side wall and the second side wall; a bottom wall (see Fig. 3: where 104 is pointing) extending between the first side wall and the second side wall, and positioned below the upper wall; wherein the wall of the strainer extends between the first side wall and the second side wall; and wherein a recess (see Fig. 3: about opening 114) is formed within a lower surface (see Fig. 3) of the bottom wall.
Regarding claim 20, the hidden drain sink of claim 19 above, Scamuffa teaches a plurality of axially extending ribs (see Fig. 11: ribs formed by the accordion) supported by the bottom wall within the recess of the drain screen.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11,015,329 (Lobberger et al.) teaches a hidden drain sink similar to the instant sink except for different in drain arrangement and drain screen as claimed.
US 2011/0308009 (Davoudi) teaches a hidden drain sink with a horizontal drain arrangement similar to the instant sink except for the specific of a drain screen as claimed.
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/TUAN N NGUYEN/Primary Examiner, Art Unit 3754
