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 .
Rejections 35 U.S.C. § 112
1. 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.
Claims 1-9 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In particular, independent claim 1 is rejected since line 5 requires “…the attachment hub configured to releasably receive an accessory”. However, claim 7 claims “the accessory is a brush head having a plurality of bristles”. It is not clear whether the claim is an adapter that is configured to attach to a cleaning accessory or cleaning tool with an adapter and an accessory.
Claim 7 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The Applicant states at page 1 of the remarks that claims 1-9 and 22 are presented for prosecution while claims 11 and 19-21 having been cancelled by prior amendment and claims 10 and 12-18 are withdrawn. However, claim 7 has status identifier has “cancelled”.
Claims 2-9 are rejected for their dependency on claim 1.
Rejections 35 U.S.C. § 102
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 7 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent (6,032,313) to Tsang.
Regarding independent claim 1, Tsang discloses a body portion (154); a plurality of leg members (167) extending from the body portion (154) and being configured to releasably retain the adapter (166’) on a drive hub (151) of a powered brush (168) (capable of retaining the adapter on a power brush (1) (See Col. 8 lines 10-20 and FIG. 2-2);
and an attachment hub (163) on the body portion (154), the attachment hub (163) being configured to releasably receive an accessory (165);
the adapter (166’) is configured to transmit rotation and /or oscillation from the drive hub (151) of the powered brush (168) to the accessory (165) (See Col. 8 lines 5- 20).
Regarding claim 7, Tsang discloses that the accessory (165) is a brush head having a plurality of bristles (See FIG. 2-2).
Regarding independent claim 22, Tsang discloses a body portion (154);
at least one coupling member (167) extending from the body portion (154) and being configured to releasably retain the adapter (166’) on a drive hub (151) of a powered brush (168) (See Col. 8 lines 10-20 and FIG. 2-2); and
an attachment hub (163) on the body portion (154), the attachment hub (163) being configured to releasably receive an accessory (165) so as to allow for selective coupling and decoupling of the accessory (165) to the body portion (154) without destruction of the accessory (165) (See Col. 8 lines 5- 20).
Response to Arguments
3. Applicant’s response to the 35 U.S.C. § 112 suggests that the brush head having bristles is not positively claimed. Rather, it is that the attachment hub is configured to receive a brush head having a plurality of bristles. However, based on the specification at paragraph [0029] the adapter (10) and the accessory (120) are subject distinct elements, so any claim purporting to claim the adapter (10) alone cannot include dependent claims that further limit the accessory (120). If Applicant is to be affirmed that indeed the brush head having bristles is not positively claimed, then claim 7 is correctly rejected under 35 U.S.C. § 112 (b) or even (d) since it fails to further limit the adapter in claim 1, from which claim 7 depends from.
Applicant's arguments filed on April 8, 2026 have been fully considered but they are not persuasive. The Applicant argues at page 3 of the remarks that U.S. Patent (6,032,313) to Tsang fails to anticipate either independent claims 1 or 22 since the attachment hub (163) is not configured to releasably receive the “alleged accessory 165”. Rather, the Applicant asserts that bristles (165) appear to be permanently anchored therein (See Remarks at page 4).
In response to applicant's argument that the attachment hub (163) is configured to releasably receive an accessory, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In other words, the attachment hub (163) is capable of receiving an accessory in releasable manner as much as it is capable anchoring bristles as in injected molded process. The issue of patentability involves the attachment hub, which is positively claimed, but not necessarily the accessory (165) since it is not positively claimed. The holes in the attachment hub (163) imply the ability to releasably receive an accessory even if the inventor chooses to not use in that 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.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D. JENNINGS whose telephone number is (571)270-1536. The examiner can normally be reached M-F 8-4:30pm. EST.
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MICHAEL DEANGILO. JENNINGS
Examiner
Art Unit 3723
/MICHAEL D JENNINGS/Primary Examiner, Art Unit 3723
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