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 § 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 1, 3 and 5 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.
Claim 1 was amended in amendment dated 12/5/2024 to recite, “such that upon removal of the wipe from the main body, the shape of the glove is maintained by the main body.”.
There are no drawings showing this claimed functionality.
There is recitation that the claimed wipe have equivalent size and shape of a front surface of the main body of the glove device.
There is no recitation to removal and shape retention after removal of the wipe in the specification.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 1, 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,060,059 (Lyon et al.) in view of US 7,629,043 (Lindsay et. al.).
Regarding claim 1, ‘059 discloses: a glove that is functionally capable of receiving waste (as stated by intended use recitation “waste receiving” in instant claim 1’s pre-amble); comprising: a main body to be worn on at least a portion of at least one hand of a user wherein the main body has a shape of a glove (whole glove device shown in fig. 4 is a “main body” having the shape of a glove); comprising: a palm portion to receive a palm of the at least one hand therein;
a thumb portion disposed on at least a portion of the palm portion to receive a thumb of the at least one hand therein;
an index portion disposed on at least a portion of the palm portion to receive an index finger of the at least one hand therein;
a middle portion disposed on at least a portion of the palm portion to receive a middle finger of the at least one hand therein;
a ring portion disposed on at least a portion of the palm portion to receive a ring finger of the at least one hand therein;
a wrist portion to cover a wrist of a user,
and
a little portion disposed on at least a portion of the palm portion to receive a little finger of the at least one hand therein (a ‘glove’ by definition includes these claimed portions that are functionally capable of receiving and covering claimed palm, finger and wrist portions of a hand; glove shown in fig. 4 does show the claimed ‘portions’ that are that are functionally capable of receiving claimed palm, finger and wrist portions of a users’ wrist/hand; further the claims recite claimed ‘portions’ as functionally capable of receiving/covering the claimed portions of the palm and/or fingers and/or wrist so the examiner’s interpretation is that the recited palm/hand/finger/wrist portions are not actively being claimed so no rejection regarding claiming of human body parts is required for this claim); and
a wipe removably connected to at least a portion of the main body to absorb and collect waste of an animal thereon, such that the wipe is removeable from the main body, such that upon removal of the wipe from the main body, the shape of the glove is maintained by the main body (cleaning layer 110 is attached by various means including buttons which are ‘removable’ connections and stated as useful in ‘cleaning surfaces’ in par. 13 and made of various absorptive materials including cotton and cotton blends as stated in par. 8; device is clearly functionally capable of performing claimed ‘absorbing and collecting of animal waste’ and ‘removal of layer 110 from the main body while retaining glove shape’, in that removal of outer palm layer that forms the wipe as in par. 16 does not ‘change’ the fact that the device is still in a ‘glove shape’).
‘059 discloses all claimed limitations above but does not teach the limitations of cancelled claim 4 now incorporated into claim 1 and that the force is on the ‘wrist portion’.
‘043 teaches explicitly, “An alternative use for the cleaning wipe 10 in accordance with the present invention is in conjunction with disposable gloves in which the cleaning wipe 10 may be configured onto the fingers, palm region or elsewhere on the glove. In this instance, the disposable glove may further protect the user's hands so that the user's hands are more isolated from the surface that is being cleaned or from detergents or other agents which may be employed (par. 101).”.
‘043 is referenced as it does teach: a sanitization compartment (elements/functional members 22 in fig. 7) disposed within at least a portion of the main body/fingers/palm or elsewhere including a wrist of an article to dispense at least one sanitizing liquid on a front surface of the main body/fingers/palm or elsewhere including a wrist in response to an application of force on the main body/fingers/palm or elsewhere including a wrist (elements/functional members 22 are within a portion of a main body of an article and are disclosed as dispensing ‘bleaching agents…detergents…antimicrobial agents… The functional members may be encapsulated in a polymeric or lipid shell capable of breaking during use in response to mechanical compression and shear, whereby ingredients in the functional members are released [par. 91]’, on a front surface of the main body of the article in response to force on the main body to ‘sanitize’ the surfaces being cleaned; further the functional elements 22 do ‘prevent dispensing of sanitizing liquid in the absence of force’ the ‘polymeric skin or lipid shell’ in par. 91 of the functional elements operate as claimed “one way valves” for “prevention dispensing of sanitizing liquid absent in the absence of force”).
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the cleaning/waste collecting device of ‘059 to further include the functional elements 22 of ‘043 for dispensing various sanitizing liquids/agents controlled to dispense the sanitizing liquid when force is applied. Resulting an improved cleaning device that includes the teachings of ‘043 to add further sanitizing functionality to the cleaning device that can be controlled by the user through application of force to dispense sanitizing agent/liquid when desired and/or needed by the user and to further protect the user's hands so that the user's hands are more isolated from the surface that is being cleaned or from detergents or other agents which may be employed.
Regarding claim 3, ‘059 discloses: the wipe (110, cleaning layer) has at least one of a size and a shape equivalent to a size and a shape of a front surface of the main body (shown clearly in fig. 4 and in par. 16 states, “the wipe 100 may be fashioned into a mitt, so that the barrier layer 120 is on the inside, thereby allowing for the entirety of the cleaning layer 110 to be utilized”).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,060,059 (Lyon et al.) in view of US 7,629,043 (Lindsay et. al.); also relying on dictionary definition of the term “valve” attached to previous PTO-892.
‘059 in view of ‘043 as noted above teaches all claimed limitations as above but does not teach all of the limitations of claim 5.
‘043 is referenced as it does teach with regards to claim 5: a sanitization compartment (elements/functional members 22 in fig. 7) the sanitization
compartment uses a one-way valve to prevent dispensing of the at least one sanitizing liquid in absence of the application of force. (elements/functional members 22 are within a portion of a main body and are disclosed as dispensing ‘bleaching agents…detergents…antimicrobial agents… The functional members may be encapsulated in a polymeric or lipid shell capable of breaking during use in response to mechanical compression and shear, whereby ingredients in the functional members are released [par. 91]’, on a front surface of the main body in response to force on the main body to ‘sanitize’ the surfaces being cleaned; further the functional elements 22 do ‘prevent dispensing of sanitizing liquid in the absence of force’ the ‘polymeric skin or lipid shell’ in par. 91 of the functional elements operate as claimed “one way valves” for “prevention dispensing of sanitizing liquid absent in the absence of force”).
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the cleaning/waste collecting device of ‘059 to further include the functional elements 22 of ‘043 for dispensing various sanitizing liquids/agents controlled by polymer skin/lipid shell that act as one-way valves so as to prevent dispensing of the sanitizing liquid in the absence of force and to dispense the sanitizing liquid when force is applied. Resulting an improved cleaning device that includes the teachings of ‘043 to add further sanitizing functionality to the cleaning device that can be controlled by the user through application of force to dispense sanitizing agent/liquid when desired and/or needed by the user.
Response to Arguments
Applicant's arguments filed 10/17/2025 have been fully considered but they are not persuasive.
New matter rejections remain.
There is no recitation to removal and shape retention after removal of the wipe in the specification and no drawings showing this limitation/functionality.
Assertion that cleaning layer stated in the rejection above is not ‘removably connected’ from the “main body” is incorrect.
As stated above the glove itself is mapped as the claimed “main body” and layer 110 is mapped as the claimed “wipe”. Applicant seems to assert remarks to element 100 which is not the element the examiner has mapped as the claimed “wipe”.
‘059 explicitly states, “the wipe 100 may be fashioned into a mitt, so that the barrier layer 120 is on the inside, thereby allowing for the entirety of the cleaning layer 110 to be utilized. A mitt may be manufactured, for example, by folding wipe 100 on itself and binding its edges together, for example by stitching, clipping with staples, using fasteners such as studs or buttons…[par. 16]”.
This citation explicitly discloses wipe/cleaning layer 110 on the outside surface of the glove/main body and attached by studs or buttons. Studs and/or buttons are by definition ‘removable’ connections. It is clear that cleaning wipe layer 110 is in fact “removably attached” to the main body/glove as stated above.
Applicant is ignoring these explicit statements from par. 16 of the ‘059 reference.
Further as shown in fig. 1 the element 100 of the glove has multiple layers. As recited above and repeated here, par. 16 of ‘059 recites element 100 may be formed into a mitt/glove with layer 120 on the inside and wipe 110 on the outside. Removal of the outside layer 110 will not change the shape of the glove and studs/buttons are in fact removable attachment means. Further exactly as stated in the instant specification the wipe layer 110 of ‘059 when formed into the mitt in fig. 4 is equivalent size and shape of the front surface.
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The actual current claim language only requires: “a wipe removably connected to at least a portion of the main body to absorb and collect waste of an animal thereon, such that the wipe is removeable from the main body, such that upon removal of the wipe from the main body, the shape of the glove is maintained by the main body…”.
The connection of outer layer by studs/buttons fully discloses this claim limitation.
The new teachings noted above from combined teachings fully address newly claimed wrist portions and newly claimed requirement of force causing dispensing of liquid being on the wrist portions, in that ‘043 teaches the cleaning layer that includes the sanitization compartments can be used as disposable/removable/outer layer on a glove and be located on palm, fingers or elsewhere on the glove. A wrist portion being an inherent portion of “elsewhere on a glove”. If the cleaning layer/sanitization compartments are potentially located on the wrist the dispensing and force receiving surfaces are also located on the wrist.
These are the only amendments and arguments offered.
The rejections remain and are considered to be proper.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT H MUROMOTO JR/Primary Examiner, Art Unit 3732