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 .
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.
Claims 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Stoffer, US Patent 2865283 in view of in view of US Patent 7189667 to Mans et al. and US Patent 7124465 to Kaminstein.
Regarding claim 17, Stoffer teaches sponge cloth comprising: a liquid absorptive sponge cloth 5 forming a first panel 7 and a printed communication 4 on a first surface of the first panel, wherein the sponge cloth 5 is semi-rigid when substantially dry and is non-rigid upon saturation with liquid water. (See column 1, lines 15-22, column 2, lines 18-26 and 40-49). Stoffer also teaches a fold line defined between the first panel 7 and the second panel 8.
Stoffer does not teach sponge cloth having an opening with a slit or the sponge cloth having a maximum tensile strength of at least 2.66 lbs./in when wet.
Mans et al. teaches a sponge towel/sponge cloth based on cellulose (abstract) having a maximum tensile strength of at least 2.66 lbs./in when wet. Mans et al. teaches the sponge towel/cloth has a wet ultimate tensile stress strength of 25 N/15mm or 9.52 lbs./in. (See table, column 5). Mans et al. also teaches the sponge towel/cloth maybe made with or without printing. (See column 5, line 11-15).
Kaminstein teaches multi-layered hanging cleaning sponge comprising a liquid absorptive sponge 10 forming a first panel having a first edge and an opening 12 through the first panel, wherein the opening 12 has a main portion that is configured to receive a structure and a slit portion 30 that extends from the first edge to the main portion.
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the sponge cloth taught by Stoffer having a maximum tensile strength of at least 2.66 lbs./in when wet as taught by Mans et al. to produce a sponge cloth having a high mechanical stability and better breaking strength than other sponge cloths, a sponge cloth capable of absorbing and retaining a large amount of water and a sponge which is generally naturally degradable. (See column 2, line 65 – column 3, lines 1-2 and column 3, lines 10-15).
In addition, it would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the sponge cloth taught by Stoffer with an opening as taught by Kaminstein to provide a means to hang the sponge cloth for storage and/or to dry.
Regarding claim 18, Kaminstein teaches the hanger is a door hanger and the main portion of the opening is configured to receive a door handle.
Regarding claim 19, Kaminstein teaches the hanger is a product hanger and the main portion of the opening is configured to receive a portion of a product.
Regarding claim 20, Stoffer discloses the claimed invention except the sponge cloth being configured to absorb at least 0.15 or 020 quarts/ft2.
Mans teaches the sponge towel/cloth is configure to absorb 5.4 l/m2 or 0.53 quart/ft2.
It would have been obvious to one having ordinary skills in the art before the effective filing date to the claimed invention to construct the sponge cloth taught by Stoffer with an absorbance of at least 0.15 or .020 quarts/ft2 as taught by Mans since it has been held that discovering an optimum value of a result effective variable involve only routing skill in the art and to provide a means to absorb a large amount of water. (See column 3, lines 12-15).
Regarding claim 21, although Stoffer does not teach the printed communication is one or more in the group consisting of: a drawing, a greeting, an invitation, and a well-wish. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to provide the sponge cloth taught by Stoffer any suitable indicia to provide a means to convey any desired message to the viewer. Patentable novelty cannot be principally predicated on mere printed matter and arrangements thereof, but must reside basically in physical structure. In re Montgomery, 102 USPQ 248 (CCPA 1954). “Where the only difference between a prior art product and a claimed product is printed matter that is not functionally related to the product, the content of the printed matter will not distinguish the claimed product from the prior art. In re Ngai, 367 F.3d 1336, 1339, 70 USPQ2d 1862, 1864 (Fed. Cir. 2004). (See MPEP 2112.01).
Response to Arguments
Applicant's arguments filed July 20, 2026 have been fully considered but they are not persuasive. The applicant argues “it would not have been obvious for a person having ordinary skill in the art to apply the opening taught by Kaminstein to the sponge cloth allegedly suggested by Stoffer in view of Mans that is "non-rigid upon saturation with liquid water”."
The examiner disagrees.
If Stoffer's material, as modified by Mans, has the claimed "tensile strength of at least 2.66 lbs./in when wet," and Appellant's device is securable to hang via its opening with a tensile strength of at least 2.66 lbs./in when wet, then it logically follows that modifying the combination of Stoffer and Mans to further provide the opening as in Kaminstein as suggested in the rejection would allow the resulting device to function as a hanger when wet.
The rejection is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP 1614788 to Berger is cited to show a sponge cloth that can be draped over a item when wet to conform to the shape of that item. DE 10306198 to Weihrauch is cited to show a sponge with a suspension opening 25 or open eyelet 32on which the sponge can be suspended in a known manner
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631
