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 .
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 24, 2025 has been entered.
Status of Claims
Claims 21 – 30 are pending. Claims 1 – 20 are cancelled and claims 31 – 40 are withdrawn as they are directed towards a non-elected invention.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 21 – 30 are rejected under 35 U.S.C. 103 as being unpatentable over Hart et al. (U. S. Patent Publication No. 2005/0074275 A1) in view of Proia (U. S. Patent No. 4,140,140 A).
Regarding Independent Claim 21, Hart teaches a toilet brush (cleaning device, 1 and 1’; Abstract) comprising: a shaft (shaft, 2’; Paragraph [0017]) having a handle (handle, 2) at a first end thereof (Fig. 2b) and a brush head (cleaning head, 3’) at a second end thereof (Fig. 2b); a cavity (opening, 12) within the handle (Figs. 2a and b) for receiving a tablet sheet (regarding the limitation “for receiving a tablet sheet, the tablet sheet is not positively claimed as the claims are directed to a toilet brush. Hart, however, is capable of receiving the tablet sheet, as claimed by inserting the sheet into the passage, 4’), the tablet sheet including a plurality of pockets in which tablets are received and a cover sheet enclosing the pockets such that the tablets may be dispensed by pushing on the pockets to break the cover sheet (as noted above, the tablet sheet is not positively claimed as the invention is directed toward a toilet brush and not a kit); and an aperture (Fig. 2a) in the handle (2) through which the pockets of the sheet are accessible (Paragraph [0019]); wherein the shaft includes a bore (cylindrical passage, 4’) extending from the handle (2) to adjacent the brush head (3) such that, when dispensed from the sheet, the tablets can fall through the bore (4) such that the tablets may dissolve into a toilet (Paragraphs [0018] and [0019]).
Hart does not teach a plurality of apertures in the handle through which the pockets of the sheet are accessible.
Proia, however, teaches a plurality of apertures (openings, 20) in the handle (handle, 14) through which the pockets of the sheet (sheets, 24 and 26) are accessible (Figs. 1 and 2; Col. 2, lines 31 – 58).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the toilet brush of Hart to further include a plurality of apertures in the handle through which the pockets of the sheet are accessible, as taught by Proia, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Regarding the limitations “a tablet sheet comprising a planar sheet having a plurality of pockets outwardly from a first side thereof; such that when the tablet sheet is received in the cavity in the handle, the pockets each extend through a corresponding one of the apertures to be external of the handle such that the pockets may be pushed by the user to break the cover sheet”; the claims are directed toward a toilet brush. The tablet sheet in the claims is not positively claimed, therefore, Hart as modified by Proia provides a toilet brush which is capable of and configured to receive a tablet sheet, as claimed.
Regarding Claim 22, Hart, as modified, teaches the toilet brush (cleaning device, 1 and 1’; Abstract) wherein the brush head (3’) includes an inner tube (bottom end, 5’ of inner tube formed by brush head 3’) in communication with the bore (4) of the shaft such that the tablet falls into the inner tube (Paragraphs [0018] and [0019]). .
Regarding Claim 23, Hart, as modified, teaches the toilet brush (cleaning device, 1 and 1’; Abstract) wherein a lower end of the inner tube (5’) is located adjacent an outlet (outlet openings, 16’) in the brush head (3) such that the tablet may fall through the inner tube and outwardly from the brush head (4) through the outlet (16’; Fig. 2a; Paragraph [0019]).
Regarding Claim 24, Hart, as modified, teaches the toilet brush in accordance with claim 21 as discussed above.
Hart does not teach wherein a flexible covering member is provided in the handle having flexible domes extending outwardly through the apertures such that the flexible domes may be depressed to push the tablet outwardly from the tablet sheet into the cavity.
Proia, however, teaches a flexible covering member (thin plastic sheet, 24) is provided in the handle (14) having flexible domes (1 – 7 as shown in Fig, 1) extending outwardly through the apertures such that the flexible domes may be depressed to push the tablet outwardly from the tablet sheet into the cavity (Col. 2, lines 47 – 58).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the toilet brush of Hart to further include a flexible covering member is provided in the handle having flexible domes extending outwardly through the apertures such that the flexible domes may be depressed to push the tablet outwardly from the tablet sheet into the cavity, as taught by Proia, to provide a toilet brush with individual dispending capabilities that provides a centralized location of the brush and cleaning products and further protect the products from moisture and other environmental contaminants.
Regarding Claim 25, Hart, as modified, teaches the toilet brush in accordance with claim 21 as discussed above.
Hart does not teach wherein the apertures are provided in a line extending along the length of the handle.
Proia, however, teaches the apertures (20 and as shown as indicia in 1 – 7 in Fig. 1) are provided in a line extending along the length of the handle (14; Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the toilet brush of Hart to further include the apertures are provided in a line extending along the length of the handle, as taught by Proia, to provide a toilet brush with individual dispending capabilities that provides a centralized location of the brush and cleaning products and further protect the products from moisture and other environmental contaminants.
Regarding Claim 26, Hart, as modified, teaches the toilet brush in accordance with claim 21 as discussed above.
Hart further teaches the handle comprises a handle body (2) connected to the shaft (2’; Paragraph [0017])
Proia further teaches a handle cover (24) and wherein the apertures (20) are provided in the handle cover (24).
Hart, as modified by Proia, does not teach a removable handle cover.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the toilet brush of Hart to further include a removable handle cover and wherein the apertures are provided in the handle cover, as claimed, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art.
Regarding Claim 27, Hart, as modified, teaches the toilet brush in accordance with claim 21 as discussed above.
Hart does not teach wherein the handle cover comprises an elongate member extending from the first end of the handle to the second end of the handle which is removable by sliding the handle cover longitudinally away from the shaft.
Proia, however, teaches the handle cover (24) comprises an elongate member (Figs. 1 – 3) extending from the first end of the handle (14) to the second end of the handle (14).
Hart, as modified by Proia, does not teach the handle which is removable by sliding the handle cover longitudinally away from the shaft.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the toilet brush of Hart to further include the handle which is removable by sliding the handle cover longitudinally away from the shaft, as claimed, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art.
Regarding Claim 28, Hart, as modified, teaches the toilet brush in accordance with claim 21 as discussed above.
Hart does not teach wherein the cavity is provided with a plurality of tabs to engage into indents in edges of the tablet sheet to locate the tablet sheet such that the pockets extend through the apertures.
Proia, however, teaches the cavity (16) is provided with a plurality of tabs (1 – 7) to engage into indents in edges of the tablet sheet to locate the tablet sheet such that the pockets extend through the apertures (Col. 2, lines 31 – 65).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the toilet brush of Hart to further the cavity is provided with a plurality of tabs to engage into indents in edges of the tablet sheet to locate the tablet sheet such that the pockets extend through the apertures, as taught by Proia, to provide a toilet brush with individual dispending capabilities that provides a centralized location of the brush and cleaning products and further protect the products from moisture and other environmental contaminants.
Regarding the limitations of claims 29 and 30, wherein the indents are provided in opposed longitudinal edges of the tablet sheet and wherein the tablets include a foaming compound to promote outward expansion of the cleaning substance and a coloring, as discussed above, the “tablet sheet” is not positively claimed, as thus do not limit the scope of the claim as the brush needs to be suitable for receiving a tablet sheet.
Response to Arguments
Applicant’s arguments, see Applicants Arguments/Remarks dated July 24, 2025 with respect to the rejection of claims 21 – 30 under 35 U.S.C. 103 have been fully considered and are not persuasive. Therefore, the rejection has been maintained.
Applicant argues Independent claim 21 and the tablet sheet.
Examiner notes that the application is directed towards a toilet bush and not the tablet sheet. The tablet sheet is not positively claimed nor is it apart of the claimed toilet brush. It is a separate component that can be added to the handle of the toilet brush. If Applicant is looking to positively claim the tablet sheet, Examiner encourages Applicant to file a continuation, etc. to claim a Toilet brush kit.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATINA N. HENSON/
Primary Examiner, Art Unit 3723