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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/9/2026 has been entered’
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6-8,10,11,14-16 and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claims contain subject matter which was not described in the specification in such a way in a way as to reasonably convery to one of ordinary skill in the art rhat the inventor or joint inventors or for applications subject to Pre-AIA 35USC 112, The inventor(s) at the time the invention was filed , had possession of the claimed invention. Claims 6 and 11 require a body that changes color when an amount of disinfecting compound decreases or increases. The claims do not identify specific disinfecting compounds or aditives that would result in the claimed color change.
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) 6-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Balzno US 2012/0144610 A1 In view of Bracey US 2013/0185897 A1, both of record, and Duer US 5,427,392,
Balzano teaches a sanitary door knob cover 10 with sanitizing fluids in the interior and perforations on the outside to release the fluid when the door knob or handle is grasped. The cover has an opening as in Figure 1 to receive the cover or two openings as shown in Figure 2. Balzano further teaches the provision of an indicator at 26 in Figure $ that indicates the amount of sanitizer (para 0034, 0035). Moreover the indicator may exhibit a color change when the sanitizer decreases as claimed in claim 6. Although Balzano does not suggest the provision of a magnet to fasten the cover to the door knob or handle Duer teaches a sanitary handle cover which uses magnets (see Figures 28 and 33) for ease of applicaton and removal. Duer also teaches the provision of advertising (see Figure 23) on the cover as claiimd. It would have been obvious to one haging oridinary skill in the art at the effective date of the invention to have provided the cover of Balzano with a magnet for ease of attacnhment and even advertisement for the user in the manner taught b. Duer. Balzano also does not suggest the provison of a recessed or ridged interior or exterior surface of the body as claimed in claims 6 and 7 Bracey teaches a dor knob or handle cover with such surfaces at 20 and 24. Bracey also teaches the second opening 14 for a key. However it would have been obvious to one of ordinary skill in the art at the effective date of the invention to have further provided the cover of Balzano with a second opening 14 for a key and also recessed amd ridged portion to enhance grippping in the manner taught by Bracey.*.Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Balzano US 2012/0144610 A1 and Bracey US 2013/0185897 A1 as applied to claim1 above, and further in view of Skinner US 3,861,182.
Although Balzano and Bracey do not suggest a fastener for the sanitary hande covers, Skinner teaches a cover for a key opening to a door with both magnets and suction cup for those areas that do not react to a magnet for attachment as claimed in claim 11. It would have been obvious to have provided the sanitary cover of Balzano as modified by Bracey to one having ordinary skill in the art at the time of the invention to have provided the body with a magnet or suction cup when the attachment of the body does not react to a magnet in view of the teaching by Skinner.
In regard to claims 14 and15, note that Bracey teaches coating or impregnating the sanitizer (para 0015). When the sanitizer is coated it would inherently fade or become faded with use if coated on the exterior. With the different shades being of the same material as claimed in claim 20.
Response to Arguments
Applicant’s arguments with respect to claim(s) 6-8, 10,11,14-16 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. It is noted that applicant still calims a first color and a second color in claim 6 and 11 and in 16 claims a variety of of disinfectant compounds wiout indiating what indicator material works with what disinfectant as for example does Kaziska et al US 2004/0043914 A1.
Claims 1-5,9,12,13 and 17-19 were canceled .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kaziska et al US 2004/0043914 A1 a partially halogenated Hydantoid and colorant as an indicator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUE A WEAVER whose telephone number is (571)272-4548. The examiner can normally be reached M-F 6-10:30 AM EDT.
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SUE A. WEAVER
Primary Examiner
Art Unit 3733
/SUE A WEAVER/Primary Examiner, Art Unit 3733