CROSS REFERENCE To RELATED APPLICATIONS 
   This application is a continuation-in-part of pending U.S. patent application Ser. No. 11/528,850, filed Sep. 28, 2006. 


   FIELD 
   This invention relates to the field of systems for improving the installability of floor drains, especially drains used for concrete floors finished with a tile or the like on the surface of the concrete. 
   BACKGROUND 
   Floor drains are typically installed by plumbers on the ends of drain pipes at a certain level above grade prior to pouring a concrete slab. After a drain has been installed at the desired level, a concrete slab is poured. After the concrete slab has set, tile or other flooring is laid on top of the concrete base. 
   It is desirable to have the entire floor, including the grate of the drain, at a substantially uniform level. However, after the concrete sets, the grate member is fixed in position and cannot be easily adjusted to correct any differences with the level of the flooring. It is often necessary to chip away the concrete from around the grate to allow the height of the grate to be adjusted. Therefore, it is an object of this invention to allow the floor drain to remain adjustable after the concrete has set so that the level of the upper surface of the grate may be adjusted to be coextensive with the level of the flooring. 
   Previous attempts to remedy this problem have been made by placing plugs on top of the floor drain base when the concrete is poured. However, the drain is inoperable when these plugs are in place. As is well known, construction can often last for months or even years with long periods of inactivity possible on a job site. In floor construction, it is not uncommon for a concrete slab to be poured and then flooring to be laid several months later. Thus, it is an objective of the present invention to provide an operable height adjustable floor drain throughout construction of a floor in order to drain water and other liquids that collect. 
   Also, a concrete base is often ground by large grinding machines or otherwise finished prior to laying a floor. It is necessary for such finishing machines to be able to access all portions of the floor. Accordingly, it is an object of the present invention to provide a height adjustable drain which does not have portions protruding above the surface of the concrete base. 
   SUMMARY 
   The above and other needs are met by an apparatus and method for installing an adjustable height drain onto a conduit in a layer of hardenable material. The drain includes a grate member in fluid communication with a base member. In some embodiments, the grate member is adjustably connected to the base member and in other embodiments is adjustably connected to an adapter adjacent the base member. A spacer is disposed substantially adjacent at least a portion of the grate member to limit hardenable material from setting around the grate member when a layer of hardenable material is poured. 
   The spacer may be a loop of compressible material which is compressible generally between the grate of the grate member and the base member. The compressible material creates a void in the area around the grate member and prevents hardenable material from setting around the grate member. 
   The grate member may include a grate portion substantially nested in a removable concentric disc. As the grate member is elevationally adjusted towards the base member, the removable disc is biased towards the base member, thereby compressing the compressible material against the base member. 
   The spacer may also be the removable disc itself. The disc may be of a sufficient height that it prevents the hardenable material from setting adjacent the grate member. 
   After a layer of hardenable material is poured, flooring material may be installed on the upper surface of the hardenable material. The spacer may be removed from adjacent the grate member. The grate member may then be elevationally adjusted so that its upper surface is substantially flush with the upper surface of the flooring material. A second hardenable material can be placed into the void around the grate member formed by the sealing mechanism to create a base for flooring to be laid against the grate to create a coextensive floor. 


   
     BRIEF DESCRIPTION OF THE DRAWINGS 
     Further advantages of the invention are apparent by reference to the detailed description when considered in conjunction with the figures, which are not to scale so as to more clearly show the details, wherein like reference numbers indicate like elements throughout the several views, and wherein: 
       FIG. 1  is an exploded view of a floor drain apparatus according to a preferred embodiment of the invention; 
       FIG. 2  is a cutaway view of a floor drain apparatus according to a preferred embodiment of the invention; 
       FIG. 3  is a cutaway view of a preferred embodiment of a floor drain apparatus wherein a concrete floor base has been poured to the level of the upper surface of the grate and extension ring; 
       FIG. 4  is a cutaway view of a preferred embodiment of a floor drain apparatus installed in a concrete floor base wherein the extension ring and sealing ring have been removed; 
       FIG. 5  is a cutaway view of a preferred embodiment of a floor drain apparatus installed in a concrete floor base where tile has been laid on areas of the floor, the height of the grate member has been adjusted so that the upper surface of the grate will be the same level as the upper surface of the tile, and a filler material has been placed into the recess in the concrete created by the extension ring and sealing ring; 
       FIG. 6  is a cutaway view of a preferred embodiment of a floor drain apparatus installed in a concrete floor base wherein flooring has been installed up to the perimeter of the grate; 
       FIG. 7  is an exploded view of a floor drain apparatus according to an alternate embodiment of the invention; 
       FIG. 8  is a cutaway view of a floor drain apparatus according to an alternate embodiment of the invention; 
       FIG. 9  is a cutaway view of an alternate embodiment of a floor drain apparatus wherein a concrete floor base has been poured to the level of the upper surface of the grate and extension ring; 
       FIG. 10  is a cutaway view of an alternate embodiment of a floor drain apparatus installed in a concrete floor base wherein the extension ring has been removed; 
       FIG. 11  is a cutaway view of an alternate embodiment of a floor drain apparatus installed in a concrete floor base where tile has been laid on areas of the floor, the height of the grate member has been adjusted so that the upper surface of the grate will be the same level as the upper surface of the tile, and a filler material has been placed into the recess in the concrete created by the extension ring; 
       FIG. 12  is a cutaway view of an alternate embodiment of a floor drain apparatus installed in a concrete floor base wherein flooring has been installed up to the perimeter of the grate; 
       FIG. 13   a  is a perspective view of an adapter for connecting the grate member of the floor drain apparatus to a drain base according to an embodiment of the invention; 
       FIG. 13   b  is a top view of the adapter for connecting the grate member of the floor drain apparatus to a drain base; 
       FIG. 14  is an exploded view of the floor drain apparatus including an adapter for connecting the grate member to a drain base according to an embodiment of the invention; 
       FIG. 15   a  is a top view of the floor drain apparatus including an adapter for connecting the grate member to a drain base; and 
       FIGS. 15   b  &amp;  15   c  are cutaway views of the floor drain apparatus including an adapter for connecting the grate member to a drain base. 
   


   DETAILED DESCRIPTION 
   A preferred embodiment of the floor drain system  10  of the present invention is shown in  FIGS. 1 &amp; 2 . The system includes a drain base  12  with a central, substantially circular through opening  11  oriented on a vertical axis. The base member  12  perferably comprises an integral disc-shaped, horizontally disposed surrounding base flange  14  which forms the top part of the base member  12  and extends outwardly from generally around the central opening  11  in the base  12 . The base flange  14  is removably connected to the upper portion of the base  12  using bolts  16  or other suitable means thereby allowing access to the interior of the base for maintenance of otherwise. A substantially cylindrical base flange opening  18  is internally threaded to receive a depending cylindrical, externally threaded connector  22  integrally formed as part of an upstanding grate member  20 . The cylindrical connector  22  of the grate member  20  has a central circular opening  24  extending vertically through its length in flow communication and in vertical alignment with the opening  11  in the base member  12  when the two are threadably interconnected. 
   The bottom portion of the base is connectible to any of the standard conduits for draining liquid away from the area, typically disposed beneath the floor within or below concrete. For example, as shown in  FIGS. 1 &amp; 2 , a PVC drain pipe  26  may be connected to the base by a pipe coupling  28 , where the pipe coupling  28  has an externally threaded end portion  30  which is threadably connected to the bottom of the base  12 . The drain pipe  26  and pipe coupling  28  have substantially cylindrical openings extending vertically through at least a portion of their lengths in flow communication and vertical alignment with the opening  11  in the base member  12 . 
   Also, a water inlet  19  may be disposed in the base  12  which admits a steady, slow stream of water into the floor drain system  10  to keep a trap (not shown) primed in order to prevent sewer gas from entering the floor drain. 
   The grate member  20  further preferably includes an upper, integrally formed outwardly projecting disc-shaped grate flange  32  disposed in substantially parallel, vertically spaced-apart relation to the base flange  14 . The upper surface of the grate flange has a narrow, upstanding circular rim  34  around its perimeter. A recessed circular grate shelf  36  just inside the rim  34  is concentrically arranged vis-à-vis the rim  34  and the grate opening  24 , and is dimensioned to fittingly receive a circular grate thereon  38 . The grate  38  is removably attached to the shelf by spaced-apart screws or other suitable connection devices so the top surface of the grate  38  is flush with the top surface of the surrounding rim  34 . 
   The rim area of the grate flange  32  fits onto a narrow interior, circular ledge  42  of an extension ring  40 , the outer edge of which is generally vertically aligned with the outer edge of the base flange  14 . The upper and lower surfaces of the extension ring  40  are relatively wide and flat, and the ring is preferably dimensioned so that its upper surface  44  is substantially flush with the upper surfaces of the rim  34  and the grate  38 . In alternate embodiments, the external ring  40  may be integral with the grate flange  32 . 
   A resiliently compressible substantially donut-shaped seal ring  46  made of a material such as Armiflex is dimensioned to fit between the base flange  14  and the extension ring  40  around the threaded, cylindrical connector  22  of the grate member  20 . The seal ring  46  may be a continuous loop. Alternately, the seal ring  46  may be a discontinuous loop or even comprise two or more separate portions so that the seal rings may be disposed around the connector  22  after the grate member  20  has been connected to the base  12 . 
   As the grate member  20  is advanced deeper into the base  12  via the threaded interconnection of the two parts, the seal ring  46  becomes resiliently compressed between the upper surface of the base flange and the lower surfaces of the grate flange and extension ring. In alternate embodiments, no extension ring  40  is used and the seal ring  46  may be compressed between the grate flange  32  and the base flange  14 . 
   The base, grate member, and extension ring are preferably a made from a suitable metallic material, such as cast iron or stainless steel, but may also be made of any other suitable material such as plastic. 
   In use of the system of the preferred embodiment, as shown in  FIGS. 2-6 , the components of the drain system  10  are assembled with the grate flange  32  resting on the ledge  42  of extension ring  40  and the seal ring  46  disposed between the base flange  14  and the extension ring  40 . The grate member  20  is then threaded down into the base member  12  until the top surface of the grate member  20  is at a height in the base  12  above grade  50  substantially corresponding to the expected height to which a concrete layer  52  will be poured. This downward movement of the grate member  20  and its flange portion  32  carries the extension ring  40  downwardly along with it, thereby compressing the seal ring  46  against the base flange  14  as described above. Concrete  52  is then poured so that its top surface is substantially flush with the top surface  44  of the extension ring  40 . The seal ring  46  in compression and the extension ring  40  above it serve to prevent concrete  52  from setting around the grate member  20 , thereby allowing the threaded connector  22  of the grate member  20  and the base member  12  to remain adjustable. Also, the drain  10  is operable before, during, and after the concrete has been laid. 
   After concrete  52  has been poured and sufficiently set such that it no longer exhibits substantial liquid characteristics, the grate member  20 , extension ring  40 , and seal ring  46  can be removed. Thereafter, a tile  56  or other floor may be laid on top of the surface of the concrete. Once the tile floor has been partially laid, the grate member  20  can be threaded back into the base  12  a distance and adjusted to a height substantially level with the grade of the tile. Caulking, grout, or other material  54  may then be placed in the void left by the seal ring and extension ring up to the level of the concrete  52 . Tile  56  may then be laid up to the edge of the rim  34  of the grate member  20  to finish the tile flooring. In the alternative, the extension ring  40  can be left in place and the tile  56  finished up to its edge. The drain grate  38  will then be flush or level with the surface of the tile floor. 
   Another preferred embodiment of the apparatus and method of the drain system of the present invention is shown in  FIGS. 7-12 , wherein a seal ring  46  is not used. The base  112  and grate member  120  and their components are of corresponding structure to the base  12  and grate member and their components in the embodiment described above. However, rather than using the compressible seal ring, extension rings  140  of various heights may be used. 
   The rim area of the grate flange  132  fits onto a narrow interior, circular ledge  142  of an extension ring  140 , the outer edge of which is generally vertically aligned with the outer edge of the base  112  or base flange  114  in various embodiments. The upper surface  144  of the extension ring  140  is relatively wide and flat, and the ring is preferably dimensioned so that its upper surface  144  is substantially flush with the upper surfaces of the rim  134  and the grate  138 . The extension ring  140  has sidewalls  158  extending down from an upper disc-like portion  160 . The sidewalls generally rest on the top of the base  112 . 
   In use of the drain system  110 , as shown in  FIGS. 8-12 , an extension ring  140  is chosen with sidewalls of a sufficient height so that when the components of the drain system  110  are assembled with the grate flange  132  resting on the ledge  142  of extension ring  140  and the grate member  20  is threaded down into the base member  112 , the top surface of the grate member  120  and the extension ring  140  are at a height in the base  112  above grade  150  substantially corresponding to a desired height to which a concrete layer  152  will be poured. A drain installer may be provided with a kit having extension rings of various heights to allow for a wide variation in heights to which the grate may be set prior to pouring the concrete layer. 
   After the grate member  120  is threaded into the base member  112 , concrete  152  is then poured so that its top surface is substantially flush with the top surface  144  of the extension ring  140 . The extension ring  140  serves to prevent concrete  152  from setting around the grate member  120 , thereby allowing the threaded connector  122  of the grate member  120  and the base member  112  to remain adjustable. Also, the drain  110  is operable before, during, and after the concrete has been laid. 
   After concrete  152  has been poured and sufficiently set such that it no longer exhibits substantial liquid characteristics, the grate member  120  and extension ring  140  can be removed. Thereafter, a tile  156  or other floor may be laid on top of the surface of the concrete. Once the tile floor has been partially laid, the grate member  120  can be threaded back into the base  112  a distance and adjusted to a height substantially level with the grade of the tile. Caulking, grout, or other material  154  may then be placed in the void left by the seal ring and extension ring up to the level of the concrete  52 . Tile  156  may then be laid up to the edge of the rim  134  of the grate member  120  to complete the tile floor. In the alternative, if desired, the extension ring  140  can be left in place and the tile  156  finished up to its edge. The drain grate  138  will be then flush or level with the surface of the tile floor. 
   In a further embodiment of the invention, an adapter may be used for connecting the threaded connector  22 / 122  to the drain base  12 / 112 , in order to allow the system to be used with drain bases of various sizes having cylindrical base flange openings  18  of various diameters. As shown in  FIGS. 13   a  and  13   b , the adapter may be a tabbed collar  80  with a threaded cylindrical opening  86  extending therethrough for receiving the threaded connector  22 / 122  therein. A first set of tabs  82   a  and  82   b  extend outwardly from the circumference of the collar  80  substantially adjacent the bottom edge  87  of the collar. The first set of tabs  82   a  and  82   b  are preferably spaced apart from each other about the circumference approximately 180 degrees. A second set of tabs  84   a  and  84   b  extend outwardly from the circumference of the collar  80  substantially adjacent the top edge  88  of the collar. The second set of tabs  84   a  and  84   b  are preferably spaced apart from each other about the circumference approximately 180 degrees and are preferably spaced apart from the first set of tabs approximately 90 degrees. 
   The first set of tabs  82   a  and  82   b  are sized such that the bottom portion of the threaded collar may be slid into cylindrical flange openings  18  of various sizes. IAs shown in  FIGS. 15   b  and  15   c , after being slid into a cylindrical flange opening, the first set of tabs  82   a  and  82   b  abut the base flange  14 / 114  when the tabbed collar is substantially centered within the cylindrical flange opening, thereby limiting the ability to remove the tabbed collar from the opening and holding the floor drain apparatus in place in the drain base during use. When placed in the cylindrical flange opening, the second set of tabs  84   a  and  84   b  preferably rest on the base flange to prevent the collar from falling into the drain base. In this regard, the second set of tabs  84   a  and  84   b  preferably extend farther from the circumference of the collar  80  than the first set of tabs  82   a  and  82   b  in order to limit the ability to slide through the cylindrical flange opening. 
   After placement of the tabbed collar  80  into the cylindrical flange opening  18 , the threaded connector  22 / 122  may be threaded into the threaded cylindrical opening  86 . Thereafter, as exemplified in  FIGS. 15   b  and  15   c , the system may be used substantially as described in the previous embodiments with the seal ring  46  or extension ring  140 . The tabbed collar  80  may remain in the drain base flow through opening and the grate member may be used as the drain in the finished floor. However, in alternate embodiments, the tabbed collar  80  may be removed from the drain base after concrete has been poured to the desired level and a second grate member sized to be threadably connected directly to the base member may be used. 
   In alternate embodiments, various other adapters may be used to facilitate the use of the system of the present invention with drain bases of several different sizes. 
   The foregoing description of preferred embodiments for this invention have been presented for purposes of illustration and description. They are not intended to be exhaustive or to limit the invention to the precise form disclosed. Obvious modifications or variations are possible in light of the above teachings. For example, although the floor drain system is described with regard to preferred base members and grate members, adjustable drains with base members and grate members of various configurations typical in the plumbing field may be used with the invention. Further, the invention may be used in “non-floor” applications where a drain is at least partially enclosed in a solid material. The disclosed embodiments are chosen and described in an effort to provide the best illustrations of the principles of the invention and its practical application, and to thereby enable one of ordinary skill in the art to utilize the invention in various embodiments and with various modifications as is suited to the particular use contemplated. All such modifications and variations are within the scope of the invention as determined by the appended claims when interpreted in accordance with the breadth to which they are fairly, legally, and equitably entitled.
An apparatus and method for installing an adjustable height drain onto a conduit in a layer of hardenable material. The drain includes a grate member adjustably connected to and in fluid communication with a base member. A connection member connects the grate member and base member and is adjustable to allow the elevation of the grate member to be adjusted in relation to the base member. A spacer is disposed substantially adjacent at least a portion of the connection member to limit hardenable material from setting around the connection member when a layer of hardenable material is poured.