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.
Claim(s) 1-3, 6-11, 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fernie et al (US Patent 5,303,430 herein after Fernie).
Regarding Claim 1, Fernie shows a system for sealing a toilet bowl discharge comprising: a first gasket (48), a spacer (14), and a second gasket (48).
Regarding Claim 2, Fernie shows the system of claim 1, wherein the system of wherein the system is configured to create a seal between the toilet bowl discharge (42) and a floor flange (44) when system is assembled with the spacer (14) between the first gasket (48) and the second gasket (48; Fig.2).
Regarding Claim 3, Fernie shows the system of claim 2, wherein The system of wherein the spacer comprises a stiffness greater than the first gasket and the second gasket (column 2 lines 55-60).
Regarding Claim 6, Fernie shows the system of claim 2, wherein the spacer comprises one or more spacer sidewalls (see annotated figure below); and wherein the one or more spacer sidewalls are configured to define a recess (see annotated figure below); wherein one or more spacer sidewalls are configured to at least partially surround one or more gasket sidewalls (see annotated figure below).
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Regarding Claim 7, Fernie shows the system of claim 2, wherein the spacer comprises one or more ribs (58); and wherein the one or more ribs extend around a perimeter of the spacer (Fig. 3).
Regarding Claim 8, Fernie shows the system of claim 7, wherein the one or more ribs (58) define one or more rings on a surface of the spacer (column 5 lines 40-50).
Regarding Claim 9, Fernie shows the system of claim 8, wherein the one or more rings include a discharge seal ring (see annotated figure below), an intermediate seal ring (see annotated figure below), and a perimeter seal ring (see annotated figure below).
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Regarding Claim 10, Fernie shows the system of claim 8, wherein the first gasket and/or the second gasket is configured to at least partially deform to a shape of the one or more rings (column 5 lines 30-35).
Regarding Claim 11, Fernie shows the system of claim 7, wherein the spacer comprises one or more gaps (26).
Regarding Claim 13, Fernie shows the system of claim 2, wherein at least one of the first gasket (48) comprises a bowl discharge cutout comprising a funnel shape (the gasket has a rounded shape near 40; Fig.2).
Regarding Claim 14, Fernie shows the system of claim 2, wherein the first gasket (48), the second gasket (48), and the spacer (14) each comprises one or more fastener cutouts (60) which are aligned when the spacer is assembled between the first gasket and the second gasket (Fig.2).
Regrading Claim 15, Fernie shows a kit for creating a discharge seal assembly comprising: a first gasket (48), a spacer (14), and a second gasket (48).
Regarding Claim 16, Fernie shows the kit of claim 15, wherein the spacer comprises a spacer outer perimeter (see annotated figure below) that includes a shape that is substantially similar to both a first gasket outer perimeter (see annotated figure below) of the first gasket and a second gasket outer perimeter (see annatoted figure below) of the second gasket.
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Regarding Claim 17, Fernie shows the kit of claim 15, wherein the first gasket, the spacer, and the second gasket are configured to be stacked together to create a seal for a toilet discharge (Fig.2).
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) 4, 5, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fernie et al (US Patent 5,303,430 herein after Fernie) in view of Couture (US Patent Publication 20190234057).
Regarding Claim 4, Fernie shows the system of claim 2, but fails to show wherein the first gasket is thicker than the second gasket. Couture teaches a toilet flange. The first gasket (36) is thicker than the second gasket (42) (Fig.6). 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 first gasket that is thicker than the second gasket in order to accommodate different toilet heights.
Regarding Claim 5, Fernie shows the system of claim 3, but fails to show wherein the first gasket comprises two gaskets stacked on each other. Couture teaches a toilet flange the first gasket comprises two gaskets (36, 42) stacked on each other. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include multiple gaskets in order to accommodate different toilet heights.
Regarding Claim 20, Fernie shows the kit of claim 16, wherein the first gasket (36) comprises a different thickness than the second gasket (42). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include gaskets of different heights in order to accommodate different toilet heights.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fernie et al (US Patent 5,303,430 herein after Fernie) in view of Love (US Patent 6,581,214). Fernie shows the kit of claim 17, but fails to show shims configured to stabilize a toilet installed on an uneven floor. Love teaches a toilet having shims (14) configured to stabilize a toilet installed on an uneven floor (paragraph 19). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include shims in order to ensure the toilet is level (column 2 lines 20-30).
Allowable Subject Matter
Claims 12 and 19 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
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/LAUREN A CRANE/Primary Examiner, Art Unit 3754
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