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 .
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. (Note: The words listed below are not considered as part of the title of an invention, these words should not be included at the beginning of the title of the invention and will be deleted when the Office enters the title into the Office’s computer records, and when any patent issues. The term "new" will not be deleted when it is a part of a proper name, such as "New York". Similarly, the term "design" will not be deleted when it is a part of a term, such as "Design-aiding apparatus...". e.g., A, An, The, Improved, Improvement(s), in/for/of, New, Novel, Related to, Design, Design for/of (a), Ornamental design, Ornamental).
The following title is suggested: Push-up Fitting
Furthermore, the title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
Claim Objections
Claims 1-17 are objected to because of the following informalities: The claim(s) are narrative in form and replete with vague language. The structure which goes to make up the device must be clear and positively define the functional relationship of a limitation or specify conditions. The structure must be organized and correlated in such a manner as to present a complete operative device. For example, the phrases: “is adapted to be”, “which carries”, “so that it can be”, “such that”, “which serves as a”, “so as to”, “is embodied as an”, “and can lock”, “introduced in the”, “or the like”, “preferably provided”, “or a different”, “abovementioned substances”, “being preferably embodied as”. In some instances, the language fails to establish how or where (i.e., structurally speaking). Alternate active wording suggestions are: –configured to--, --adapted to--, coupled to--, or –include(s)-. Additionally, the phrases, "to be" and “can be” are interpreted as vague. The inclusion of such subjective expressions introduces ambiguity by suggesting that the claimed element(s) to which they relate, are optional.
in claims 8-9,11 the term “a reservoir” is unclear since a reservoir has already been identified in claim 2 and claim 1 lacks a reservoir. Clarify whether there are multiple reservoirs. For examination purposes, the reservoir is interpreted as associated with the reservoir for fragrances.
In claim 10, the phrase, “the reservoir” is unclear since there is a lack of a reservoir in claim 1.
Since claims 2-7,12-17 are in the chain of dependency to claim 1, they too are subjected to the same objection. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3, 7-8, 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016006989 A1 to Marquez in view of JP 2017133333 A to Ito.
Regarding claim 1, Marquez discloses a push-up fitting for a sink (see description, “…sinks or containers”) , a tub or the like, comprising a drain pipe 10,11 (fig. 1) with a central longitudinal axis (fig. 1) , whose upper axial end is adapted to be attached to a sink or tub bottom (see description) and whose lower axial end has an outlet (proximate reference numeral 13a), the drain pipe having a fluid channel between the upper axial end and the lower axial end (see description) and the drain pipe having a constriction 14 at the lower axial end; a plug 1; a supporting element 6; and a push-up valve 13. Marquez does not disclose the arrangement of the “..plug at its upper end and can lock the plug in a closing position and in a discharge position, the plug in the closing position resting on the upper axial end of the drain pipe so as to close the push-up fitting, and in the discharge position opening the upper axial end of the drain pipe, wherein the push-up valve is connected to the supporting element at its lower end” or a lock. Instead, Marquez indicates magnets 7, 8 interact to keep the valve in the open position, a raised position, and in the closed position of the valve they will have a position of moving away or displaced downwards. The upper cover 1 acts as a lever for manual actuation of valve 13 as it is attached to the cylindrical base 4 and serves as a seat of the lid and of the upper seal 3. Holes 2a-b are in fluid communication with guide tube 5 and it is through the holes that tube 10 is continuously filled. Magnets7, 8 enable valve 13 to remain in the closed position while the liquid accumulates in the sink and cylinder. Simultaneously the holes filling the cylinder allow passage of liquid gradually until it reaches a full height and weight of accumulated volume, the valve 13 opens automatically when sliding down, when the liquid weight overcomes the magnetic force between the magnets. In an open position (fig. 5), valve 13, cover and seal 3, flows the liquid through holes 6a-b, constrictor and then drainage from the sink and cylinder passes through and is discharged. In the open position, base cylinder 4 is outside or above the upper edge of the valve support 6, and the magnets 7, 8 interact to keep the valve in the open position. In the closed position (fig. 6), cylinder base 4 is located inside or below the upper edge of the drainpipe 35 or washer 30, and the seal 3 closes the drain holes and does not allow liquid flow into the drain. Ito teaches a drain plug body 1 for a tub (figs. 1-3) where the push-up shaft 9 moves the valve member 2 vertically and the device includes a lock mechanism 8,8a for maintaining the valve member in a raised or lowered state. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the operational logistics of Marquez and include a lock mechanism such that a lock prevents the hazard of an overflow of liquid while a specific arrangement of a push-up valve fitting mechanics involves only routine skill in the art the motivation for a push-up fitting improves safety by eliminating fire hazards, installation is simple and less time consuming, and the fitting is universally compatible and is accommodating to small spaces.
Marquez/Ito:
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Regarding claim 3, Marquez further discloses drainpipe 10, the supporting element 6 and the plug 1 are annular (fig. 1).
Regarding claim 7, Marquez further discloses the constriction 14 of the drainpipe is formed as a protrusion (fig. 1) within the fluid channel in the drainpipe which bears the push-up valve 13 and the supporting element 6.
Regarding claim 12, Marquez further discloses the supporting element 6 is equipped with a fastening portion 7,8,20 which can be releasably connected to the push-up valve. Marquez does not disclose the preferred fastening portion embodied as a threaded connection. Instead, Marquez indicates magnets 7-8, 20 ) provides a releasable attachment between the support element and valve (fig.5). 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 threaded fastener of the instant invention with magnets as taught by Marquez, 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. See MPEP 2144.06.
Regarding claim 13, Marquez does not disclose the push-up valve has a body adapted for receiving the axially acting spring of the push-up valve, the axially acting spring pressurizing a movable part of the push-up valve upwards in the axial direction so as to bring the plug in the discharge position, the push-up valve further having a spring and locking mechanism in its body which is adapted to retain the plug in the closing position.
Ito teaches a drain plug body 1 for a tub (figs. 1-3) where the push-up shaft 9 moves the valve member 2 vertically and the device includes a lock mechanism 8,8a for maintaining the valve member in a raised or lowered state. Spring 7c urges wire 7b, which has a push-up shaft 9 provided at an end of wire 7b, for guiding valve member 2 to raise and lower. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Marquez as taught by Ito such that a spring and lock mechanism for moving the valve in an open and closed position secures the valve and prevents overflow of fluid.
Claim(s) 2, 8, 11 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marquez and Ito as applied to claim 1 above and further in view of CA 3050986 A1 to Garrido.
Regarding claim 2, Marquez modified by Ito does not disclose a reservoir for fragrances. Garrido teaches a reservoir 81,91,7,9,10,11, 12, 19 (fig. 2) for fragrances 14 but does not disclose the arrangement of the reservoir between the plug and push-up valve. Instead, Garrido indicates the reservoir being arranged under the push-up valve 5 (fig. 1). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Marquez such that including a fragrance reservoir would provide a pleasant smell and prevent foul odors from being released from the drain into the environment.
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Regarding claim 8, Marquez modified by Ito does not disclose a reservoir between the plug and the push-up valve where the reservoir can be opened without the use of tools.
Garrido teaches a reservoir 81,91,7,9,10,11, 12, 19 (fig. 2) for fragrances 14 but does not disclose the arrangement of the reservoir between the plug and push-up valve. Instead, Garrido indicates the reservoir being arranged under the push-up valve 5 (fig. 1) and teaches an automatic air freshener controlled by a programmable microchip to control the pump and air compressor or can be done manually which is provoked by a user pressing a button 17 (pg. 2, lines 21-24 and pg. 4, lines 30-34). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Marquez such that including a fragrance reservoir would provide a pleasant smell and prevent foul odors from being released from the drain into the environment.
Regarding claim 11, Marquez modified by Ito does not disclose a reservoir arranged between the plug and the push-up valve. Instead, Marquez indicates the plug being equipped with a seal 3 for sealing the plug in a closed position at the upper end of the drainpipe (fig. 6). Garrido teaches a reservoir 81,91,7,9,10,11, 12, 19 (fig. 2) but does not disclose the arrangement of the reservoir between the plug and push-up valve. Instead, Garrido indicates the reservoir being arranged under the push-up valve 5 (fig. 1). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Marquez such that including a fragrance reservoir would provide a pleasant smell and prevent foul odors from being released from the drain into the environment.
Regarding claim 16, Marquez modified by Ito does not disclose a reservoir for fragrances. Garrido teaches a reservoir 81,91,7,9,10,11, 12, 19 (fig. 2) for fragrances 14 but does not disclose the arrangement of the reservoir between the plug and push-up valve and is silent as to the reservoir being adapted for receiving and retaining a pelletized water-soluble substance. Instead, Garrido indicates the reservoir being arranged under the push-up valve 5 (fig. 1), the reservoir being adapted for receiving and retaining a substance that contains a fragrance, and/or cleaning agent (pg. 2, lines 21-24 and pg. 4, lines 30-34). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Marquez such that including a fragrance reservoir would provide a pleasant smell and prevent foul odors from being released from the drain into the environment.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marquez and Ito as applied to claim 1 above and further in in view of US 20020134431 A1 to Kopp.
Regarding claim 4, Marquez modified by Ito does not disclose the drainpipe has a fixation element which can be screwed onto the thread from below to fasten the drainpipe to the sink or tub. Instead, Marquez indicates the drainpipe has a thread 12 along a portion of an outer surface area of housing 11 (fig. 3). Kopp teaches (fig. 2) threads 17 along an outer surface and a threaded locking/tightening nut or fixation element which can be screwed onto the thread from below so as to fasten the assembly 10 (fig. 1) to a housing enclosure 26. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Marquez such that a locking mechanism via threads securely connects a drainpipe to a sink or tub with a simple, quick installation.
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Allowable Subject Matter
Claims 5-6,9-10, 14-15,17 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
The prior art made of record (see USPTO Form 892) and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORI BAKER whose telephone number is (571)272-4971. The examiner can normally be reached Monday thru Friday: 9 am - 6 pm CST. 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 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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/LORI L BAKER/Primary Examiner, Art Unit 3754
