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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al (CN 105862998 A) in view of Condon et al (20050067017).
Regarding claim(s) 1, Lin discloses a pre-embedded base device comprising: a pre-embedded base 2; a first plug 61 detachably coupled to the pre-embedded base; and a second plug 62 detachably coupled to the first plug; wherein the pre-embedded base defines a base water chamber (below outlet of 20) and a water inlet channel 3 in communication with the base water chamber; wherein the first plug has a channel (hole for 62) in communication with the base water chamber and; and wherein when the pre-embedded base device is in an initial configuration (plug 62 installed state), the first plug 61 is coupled to the pre-embedded base 2, the second plug 62 is coupled to the first plug 2, the first plug 2 seals the base water chamber, and the second plug 62 seals the channel.
Lin discloses the channel (hole for 62) used for flushing which would necessarily indicate connection to a flushing water supply pipe such that the channel would serve as drainage channel for draining water from water supply pipe to the fixture. Furthermore, the recitation “drainage” is seen as intended use of channel. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). (MPEP 2113)
Lin discloses the channel used for flushing which would necessarily indicate connection to a water supply but fails to disclose a water pipe joint connected to the channel. Condon, Fig 6, teaches a wall embedded fixture 102 with plug 103 having a channel (inter bore) sealed by a second plug 114 and a water pipe joint (left threaded portion 116 in Fig 8 for connection to 118) such that second plug 114 is removed and water pipe is connected to water pipe joint (left threaded portion 116 in Fig 8 for connection to 118)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Lin with a water pipe joint connected to the channel as taught by Condon in order to secure flushing water supply pipe to the plug.
As to claim 2, the pre-embedded base device comprises a protective cover 1,12,5 detachably (Fig 4,5 seen as detachable coupling of 1 and 2) coupled to the pre-embedded base 2; and when the pre-embedded base device is in an initial state, both the first plug 61 and the second plug 62 are located within the protective cover 1,12.
As to claim 3, the protective cover comprises: a cover cylinder 1,12 detachably coupled to the pre-embedded base; and a cover cap 5 detachably coupled to the cover cylinder (Fig 7 seen as detachable coupling).
As to claim 4, the cover cylinder 1,12 is provided with at least one position marking (interval slot of ribs 82 are seen as position markings). The recitation “cutting” is seen as intended use of position markings. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). (MPEP 2113)
Allowable Subject Matter
Claim(s) 5-11 is/are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Atif Chaudry at phone number 571-270-3768. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
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/ATIF H CHAUDRY/Primary Examiner, Art Unit 3753
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