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 .
Election/Restrictions
Applicant’s election without traverse of Group II, Claims 16-20 and 26-29, in the reply filed on 8/28/2026 is acknowledged. Therefore, claims 10-29 as filed 8/28/2026 are pending with claims 10-15 and 21-25 withdrawn from consideration. Claims 16-20 and 26-29 are treated on their merits.
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 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.
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.
Claims 16-20 and 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cuschera (US Patent 3,668,718) in view of Ball (US Patent Application 2015/0121617).
Regarding Claim 16, Cuschera discloses a shower drain assembly (abstract), comprising: a shower drain 18 comprising: an inside lower cylindrical surface (inside surface of 18 just above flange 24 as shown in Figure 3); and inside threading 26 adjacent to the inside lower cylindrical surface (i.e. the inside threading provided directly above the lower cylindrical surface as shown in Figure 3); a gasket 42 having a substantially cylindrical shape (as shown in Figure 3, the gasket has a substantially cylindrical shape with grooves formed in the inner surface similar to applicant’s gasket), the gasket 42 configured to fit inside the shower drain 18 (as shown in Figure 2) and configured to contact the inside lower cylindrical surface of the shower drain (as shown in Figure 2, 42 contacts the inside lower cylindrical surface of 18), and the gasket comprising an upper surface (shown at 46 in Figure 3); and a compression ring assembly 52 configured to fit inside the shower drain 18 (as shown in Figure 2), the compression ring assembly comprising: outside threading 54 configured to couple to the inside threading 26 of the shower drain, wherein when the outside threading 54 is coupled to the inside threading 26 of the shower drain, a lower surface 56 of the compression ring assembly 52 is configured to contact the upper surface 46 of the gasket (as shown in Figure 2).
Cuschera does not disclose the compression ring assembly comprising: a test membrane covering an upper opening of the compression ring assembly, wherein the test membrane is longitudinally offset from the gasket.
Ball teaches a plumbing drain and further teaches a ring assembly 46 (Figure 4 especially) comprising a test membrane 54 covering an upper opening (i.e. outer opening) of the ring assembly, wherein the test membrane is longitudinally offset from a gasket 70.
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Cuschera to include a test membrane covering an upper opening of the compression ring assembly with the test membrane longitudinally offset from the gasket as taught by Ball for the purpose of providing a structure to allow for testing of the plumbing assembly (as taught by Ball; para. 0051).
Regarding Claim 17, Cuschera in view of Ball is seen as further disclosing the shower drain (18 of Cuschera) further comprises a lower opening (lower opening extending through flange 24), wherein a top of a pipe 14 is configured to fit inside the lower opening of the shower drain (as shown in Figure 3) and through the gasket 42 (as shown in Figure 3), and wherein when the outside threading 54 is coupled to the inside threading 26 of the shower drain 18, the test membrane (as taught by Ball at 54) is longitudinally offset from the top of the pipe (this is achieved at least because the top of the compression ring assembly 52 of Cuschera is offset from the top of the pipe 14 and therefore the test membrane, which is provided at the top of the compression ring assembly as taught by Ball, is longitudinally offset from the top of the pipe).
Regarding Claim 18, Cuschera further discloses the gasket 42 comprises an inside surface (facing radially inward as shown in Figure 3 especially), and wherein the inside surface of the gasket comprises a plurality of concentric grooves (concentric grooves respectively provided between adjacent ribs 44), wherein each groove is longitudinally offset from one another (as shown in Figure 3 especially).
Regarding Claim 19, Cuschera further discloses the compression ring assembly 52 comprises one or more holds (a rib 44 is seen to be readable as a “hold” as claimed).
Regarding Claim 20, Cuschera further discloses the lower surface 56 of the compression ring assembly 52 is configured to contact the upper surface 46 of the gasket 42 at an angle (as best shown in Figure 3, these surfaces are angled or sloped) so that, when the compression ring assembly 52 is threadingly mated to the shower drain 18, the upper surface 46 of the gasket is deflected radially inward (as shown in Figure 3, this is achieved via the angled surface 56 in the same manner in which it is achieved by applicant’s device).
Regarding Claim 26, Cuschera further discloses the gasket 42 comprises an inside surface (facing radially inward as shown in Figure 3 especially), and wherein the inside surface of the gasket comprises a plurality of concentric grooves (concentric grooves respectively provided between adjacent ribs 44), wherein each groove is longitudinally offset from one another (as shown in Figure 3 especially).
Regarding Claim 27, Cuschera further discloses the compression ring assembly 52 comprises one or more holds (a rib 44 is seen to be readable as a “hold” as claimed).
Regarding Claims 28 and 29, Cuschera further discloses the lower surface 56 of the compression ring assembly 52 is configured to contact the upper surface 46 of the gasket 42 at an angle (as best shown in Figure 3, these surfaces are angled or sloped) so that, when the compression ring assembly 52 is threadingly mated to the shower drain 18, the upper surface 46 of the gasket is deflected radially inward (as shown in Figure 3, this is achieved via the angled surface 56 in the same manner in which it is achieved by applicant’s device).
Conclusion
The prior art of record and not relied upon is considered pertinent to applicant's disclosure. Flegel et al. (US Patent 3,893,919) teaches a gasket G in a drain apparatus. McDonald (US Patent 2,672,205) teaches a seal (caulk within chamber 8) within a drain apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN MURPHY whose telephone number is (571)270-5243. The examiner can normally be reached Monday - Friday 8am-4pm.
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, Craig Schneider can be reached on (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN F MURPHY/Primary Examiner, Art Unit 3753
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