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 Invention II in the reply filed on 7/10/2026 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites “a first amount of buoyancy” in lines 12-13. It is unclear if this language is referring to the first amount of buoyancy recited in claim 10, lines 7-8, or an additional amount of buoyancy. For examination purposes, the first amount of buoyancy recited in claim 1 is interpreted to be an additional amount of buoyancy.
Claim 1 recites “a second amount of buoyancy” in lines 13-14. It is unclear if this language is referring to the second amount of buoyancy recited in claim 10, lines 11-12, or an additional amount of buoyancy. For examination purposes, the second amount of buoyancy recited in claim 1 is interpreted to be an additional amount of buoyancy.
Claim 4 recites “a second cone” in lines 1-2. It is unclear if this language is referring to the second hollow cone recited in claim 10, line 9, or an additional cone. For examination purposes, the second cone recited in claim 4 is interpreted to refer to the second hollow cone recited in claim 10.
Any remaining dependent claim(s) are indefinite insofar as they depend on a rejected base claim.
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) 10-11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fernstrum (US 5390375) in view of Shaw (US 5182819).
Regarding claim 10, Fernstrum discloses a toilet flapper assembly kit (col. 8, ll. 3-24) comprising:
a frame (230, 232, 234-236, 238, 350);
at least one leg (224-226) attached to the frame, the at least one leg defining a pivot axis (pivot axis of 224-226; see Fig. 5-9);
a first hollow cone (250A) operably attachable to the frame such that when the first hollow cone is operably attached to the frame (see Fig. 5-9) and the frame is pivoted about the pivot axis, the first hollow cone pivots with the frame about the pivot axis (see Fig. 5-9), the first hollow cone providing a first amount of buoyancy when operably attached to the frame (col. 8, ll. 3-24); and
a second hollow cone (250) operably attachable to the frame such that when the second hollow cone is attached to the frame (see Fig. 5-9) and the frame is pivoted about the pivot axis, the second hollow cone pivots with the frame about the pivot axis (see Fig. 5-9), the second hollow cone providing a second amount of buoyancy when operably attached to the frame (col. 8, ll. 3-24), the second amount being different than the first amount (col. 8, ll. 3-24);
a first seal member (seal ring of 230) having a first characteristic for sealing with a valve seat (valve seat shown in Fig. 5) of a first size flapper valve assembly (size of the flapper assembly shown in Fig. 5; col. 7, ll. 41-53).
However, Fernstrum does not disclose at least one leg removably attached to the frame; a second seal member having a second characteristic for sealing with a valve seat of a second size flapper valve assembly, the second size being different than the first size as claimed.
Shaw discloses a universal commode stopper comprising at least one leg (11-15) removably attached to the frame (5); a second seal member (20 shown in Fig. 10A-11) having a second characteristic (see Fig. 10A-11) for sealing with a valve seat (25-25a; see Fig. 1-2) of a second size flapper valve assembly (see Fig. 1-2), the second size being different than the first size (col. 5, ll. 25-61). It would have been obvious to one of ordinary skill in the art to have modified the toilet tank valve of Fernstrum, such that the at least one leg is removably attached to the frame and to include a second seal member as claimed, as taught by Shaw, in order to allow for a small amount of play between the body and the yoke and to snap into either existing, standard fittings or into pivot extensions (col. 4, ll. 42-65) and in order to provide a stop valve system which has universal adaptability to be received by most flush tank systems currently installed in American homes, offices, and factories (col. 1, ll. 52-66; col. 5, ll. 25-61).
Regarding claim 11, the combination above and specifically Fernstrum further discloses wherein: the frame includes a top cone (238) and a main frame member (232), the top cone is operably attached to the main frame member (see Fig. 5-9);
the top cone includes a first cavity (cavity of 238);
the first cone includes a second cavity (cavity of 250A); and
when the first cone is operably attached, the second cavity fluidly communicates with the first cavity (see Fig. 5-9).
Regarding claim 13, the combination above and specifically Shaw further discloses wherein the first characteristic is a first diameter (diameter of 20 shown in Fig. 10A-11) and the second characteristic is a second diameter (diameter of 3), the second diameter is different than the first diameter (see Fig. 1-2 and 10A-11).
Regarding claim 14, the combination above and specifically Shaw further discloses wherein: the first diameter is smaller than the second diameter (see Fig. 1-2 and 10A-11);
the first seal member has a first maximum thickness perpendicular to the first diameter (see Fig. 1-2 and 10A-11);
the second seal member has a second maximum thickness perpendicular to the second diameter (see Fig. 1-2 and 10A-11); and
the second maximum thickness is greater than the first maximum thickness (the maximum thickness of 3 including 4-5 is greater than the maximum thickness of the bottom wall of 20; see Fig. 1-2 and 10A-11).
Claim(s) 1-9 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fernstrum (US 5390375) in view of Shaw (US 5182819) as applied to claim 11 above, and further in view of Guthrie (US 9791049).
Regarding claim 1, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 11.
Fernstrum further discloses the first cone having a first aperture (240) formed therein to permit fluid to flow into and out of the first and second cavities (see Fig. 5-9); however, Fernstrum does not disclose wherein the top cone is positionable in at least a first angular orientation relative to the main frame member and a second angular orientation relative to the main frame member, the first and second orientations being angularly offset from one another about a first axis; wherein positioning the top cone in the first angular orientation provides a first amount of buoyancy and positioning the top cone in the second angular orientation provides a second amount of buoyancy as claimed.
Guthrie discloses a toilet flapper valve with adjustable mounts and assembly wherein the top cone (50) is positionable in at least a first angular orientation relative to the main frame member (col. 4, ll. 5-54) and a second angular orientation relative to the main frame member (col. 4, ll. 5-54), the first and second orientations being angularly offset from one another about a first axis (axis of 50; col. 4, ll. 5-54);
wherein positioning the top cone in the first angular orientation provides a first amount of buoyancy (col. 4, ll. 5-54) and positioning the top cone in the second angular orientation provides a second amount of buoyancy (col. 4, ll. 5-54). It would have been obvious to one of ordinary skill in the art to have modified the top cone of Fernstrum, to be positionable in at least a first angular orientation relative to the main frame member and a second angular orientation relative to the main frame member as claimed, as taught by Guthrie, in order to control air outflow from the cone cavity and to indicate to the user that the rotatable band is functionally disposed about the cone in several positions (col. 4, ll. 5-54).
Regarding claim 2, the combination above and specifically Fernstrum further discloses wherein: the first aperture in the first cone extends through a sidewall (sidewall of 238) in the first cone; and
repositioning the top cone between the first and second orientations about the first axis repositions the position of the first aperture angularly about the first axis (as modified by Guthrie above, col. 4, ll. 5-54).
Regarding claim 3, the combination above and specifically Guthrie further discloses wherein: the main frame member includes a first notch (129) and a second notch (notch near 52);
the top cone includes a first projection (58);
the first projection engages the first notch in the first angular orientation (col. 4, ll. 5-54); and
the first projection engages the second notch in the second angular orientation (col. 4, ll. 5-54).
Regarding claim 4, the combination above and specifically Fernstrum further discloses a second cone (250) having a third cavity (cavity of 250), the second cone operably attachable to the top cone such that transitioning the top cone between the first and second angular orientations about the first axis changes an angular orientation of the second cone relative to the first axis (as modified by Guthrie above, col. 4, ll. 5-54).
Regarding claim 5, the combination above and specifically Fernstrum further discloses wherein the second cone provides greater buoyancy than the first cone (col. 8, ll. 3-24).
Regarding claim 6, the combination above and specifically Fernstrum further discloses wherein the first cone is directly connected to the top cone (col. 8, ll. 3-24; see Fig. 5-9).
Regarding claim 7, the combination above and specifically Guthrie further discloses wherein engagement of the first notch with the first projection inhibits transitioning the top cone from the first angular orientation to the second angular orientation (col. 4, ll. 5-54).
Regarding claim 8, the combination above specifically Guthrie further discloses wherein: the main frame member has an attachment receiver (129); and
the top cone has a portion (58) extending through the attachment receiver along the first axis (see Fig. 9).
Regarding claim 9, the combination above and specifically Fernstrum further discloses wherein the second cone is operably removably attachable to the top cone such the third cavity is in fluid communication with the first cavity (col. 8, ll. 3-24; see Fig. 5-9).
Regarding claim 15, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 11.
However, Fernstrum does not disclose wherein the top cone is angularly repositionable relative to the main frame as claimed.
Guthrie discloses a toilet flapper valve with adjustable mounts and assembly wherein the top cone (50) is angularly repositionable relative to the main frame (20). It would have been obvious to one of ordinary skill in the art to have modified the top cone of Fernstrum, to be angularly repositionable relative to the main frame as claimed, as taught by Guthrie, in order to control air outflow from the cone cavity and to indicate to the user that the rotatable band is functionally disposed about the cone in several positions (col. 4, ll. 5-54).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fernstrum (US 5390375) in view of Shaw (US 5182819) as applied to claim 11 above, and further in view of Sullivan (US 4497076).
Regarding claim 12, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 11.
Fernstrum further discloses wherein the second cone provides a third cavity (cavity of 250); however, Fernstrum does not explicitly disclose the third cavity has a larger volume than the second cavity as claimed.
Sullivan discloses a dual flush system for controlling flush water in water closet wherein the third cavity (cavity of 140, 147) has a larger volume than the second cavity (cavity of 152, 154; see Fig. 9-10). It would have been obvious to one of ordinary skill in the art to have modified the third cavity of Fernstrum, to have a larger volume than the second cavity as claimed, as taught by Sullivan, since it was known in the art that a buoyancy chamber can be made in a variety of shapes and designs (col. 8, ll. 35-41).
Conclusion
The prior art made of record in the PTO-892 form and not relied upon is considered pertinent to applicant's disclosure.
Gross (US 3360803) is directed to the state of the art as disclosing a pivoting float valve including a sealing member (B), a hollow float (31), a lift tab (36), a horizontal rod (27), and a sealing portion must be of a diameter sufficient to fit over and seal the mouth of the tank flush pipe (col. 2, ll. 52-58).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Friday 11AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David P Angwin can be reached at (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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/WILLIAM R KLOTZ/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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