DETAILED ACTION
Terminal Disclaimer
The terminal disclaimer filed on 7/19/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,529,654 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Drawings
Replacement drawings were received on 7/19/2025. These drawings are acceptable.
Claim Objections
Claims 3 and 16 are objected to because of the following informalities:
In claim 3, line 6, “a longitudinal axis” appears to be a double recitation of “the longitudinal axis” recited at the end of line 5 and the beginning of line 6.
In claim 3, lines 7-8, “wherein the deepest portion of the saddle intersects the perimeter edge surface of the gripping end” is a double recitation of that which had immediately, previously been recited. This objection could be overcome by replacing the noted language with simply, --wherein the deepest portion--.
In claim 16, line 16, “the . . . scraping surface” has no proper antecedent basis in the claims. In line 14, Applicant has introduced, “an additional scraping surface.”
Appropriate correction is required.
Claims 3 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.
Claim Rejections - 35 USC § 102
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 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 1-8, 15 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilson (US 5,481,805).
With respect to claim 1, Wilson discloses an ergonomic handle scraper comprising
a right topside surface,
a left topside surface,
front topside surface,
left underside surface,
right underside surface, and
a front underside surface as shown below in the image taken from Fig. 4 of Wilson:
[AltContent: textbox (a front topside surface)][AltContent: ]
[AltContent: textbox (a topside convex surface)][AltContent: textbox (an underside concave surface)][AltContent: textbox (front underside surface)][AltContent: textbox (a left topside surface)][AltContent: textbox (a perimeter edge surface)][AltContent: textbox (right underside surface)][AltContent: ][AltContent: ][AltContent: textbox (left underside surface)][AltContent: ][AltContent: ][AltContent: ][AltContent: textbox (a right topside surface)][AltContent: ][AltContent: ][AltContent: ]
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With respect to claim 2, Wilson discloses a generally concave, arched or vaulted surface area that forms a portion of the underside of the device as shown below in the image taken from Fig. 4 of Wilson:
[AltContent: ][AltContent: textbox (topside and underside meet at perimeter edge)][AltContent: textbox (a generally convex, arched or vaulted surface area)][AltContent: ][AltContent: textbox (a generally concave, arched or vaulted surface area)][AltContent: ]
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a generally convex, arched or vaulted surface area forms a portion of the topside of the device (as indicated above); wherein the topside and underside meet, forming a perimeter edge surface around the device (as indicated above).
With respect to claim 3, Wilson discloses an ergonomic handle scraper comprising
a topside convex surface,
an underside concave surface,
a perimeter edge surface,
a right topside surface,
a left topside surface,
a front topside surface,
a front end,
a gripping end,
a saddle formed by
a left underside surface,
a right underside surface, and
a front underside surface,
as shown in the image below taken from Fig. 4 of Wilson:
[AltContent: textbox (a front topside surface)][AltContent: ][AltContent: ][AltContent: ][AltContent: oval][AltContent: textbox (a topside convex surface)][AltContent: textbox (an underside concave surface)][AltContent: textbox (front underside surface)][AltContent: textbox (a left topside surface)][AltContent: textbox (a perimeter edge surface)][AltContent: textbox (right underside surface)][AltContent: ][AltContent: ][AltContent: textbox (front end)][AltContent: ][AltContent: textbox (left underside surface)][AltContent: ][AltContent: ][AltContent: ][AltContent: textbox (a right topside surface)][AltContent: ][AltContent: ][AltContent: ]
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[AltContent: textbox (gripping end)]
[AltContent: textbox (saddle)]
Wilson further discloses that a raised portion of the saddle commences at an approximate center of the saddle along the longitudinal axis and extends along a longitudinal axis to the edge of the saddle to the gripping end where the deepest portion of the saddle intersects the perimeter edge surface at the gripping end as shown below in the image taken from Fig. 4 of Wilson:
[AltContent: textbox (longitudinal axis)][AltContent: ][AltContent: textbox (approximate center of saddle)][AltContent: ][AltContent: ][AltContent: textbox (perimeter edge of saddle/gripping end)][AltContent: ][AltContent: arc]
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[AltContent: textbox (deepest portion of saddle and greatest depth of concave surface)]
wherein the deepest portion of the saddle intersects the perimeter edge surface at the gripping end protects the user’s hand, thumb, or digits and is capable of preventing the user’s hand, thumb or digits from interfering with a surface on which an activity is being performed.
With respect to claim 4, Wilson discloses that the perimeter edge surface meets the underside concave surface at the greatest depth of the concave surface (as indicated above).
With respect to claim 5, Wilson discloses that the topside right surface, topside left surface, topside front surface, underside left surface, underside right surface, underside front surface all are curved. Note, the limitations of claim 5 are entirely optional since Applicant used the phrase “may be.”
With respect to claim 6, Wilson discloses that the topside convex surface and the underside concave surface are constructed to form smooth, gradual curved surfaces as shown in Fig. 4 of Wilson.
With respect to claim 7, Wilson discloses that the topside convex surface and underside concave surface are constructed to form an arched, angular, or vaulted surface as indicated in the above figures.
[AltContent: textbox (front right corner)] With respect to claim 8, Wilson discloses that the perimeter edge surface is constructed to form a front left corner and front right corner as shown below in the image taken from Fig. 5 of Wilson:
[AltContent: textbox (front left corner)][AltContent: ][AltContent: ]
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135
186
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With respect to claim 15, Wilson discloses one an additional scraping surface attached at various points (interpreted as a single point of attachment) throughout the device (the knife 26 as disclosed in col. 3, line 48 of Wilson is considered an additional scraping surface).
With respect to claim 17, Wilson discloses that the additional scraping surface 26 is attached along the edge perimeter surface (although not shown, the scraping surface 26 would be at the head location 20 as shown in Fig. 4 of Wilson).
With respect to claim 18, Wilson discloses that the edge perimeter surface is from a variety of shapes and contours (as shown in Fig. 5 of Wilson the edge perimeter includes various arcs, curves and corners).
Allowable Subject Matter
Claims 16-17 str objected to as containing the above mentioned informality, but would be allowable if rewritten to overcome the informality.
Response to Arguments
Applicant's arguments filed 7/19/2025 have been fully considered but they are not persuasive of any error in the above rejection.
Regarding claim 1, Applicant argues that Wilson does not teach that a raised portion of the saddle commences at an approximate center of the saddle and extends along a longitudinal axis to the edge of the saddle to the gripping end where the deepest portion of the saddle intersects the perimeter edge surface at the gripping end. However, this language is not recited in claims 1 and therefore is not required to be met by Wilson. Claim 1 does not recite a “saddle” at all.
Regarding claim 3, Applicant also argues that claim 3 does not disclose the above mentioned language. However, it is noted that claim 3 recites that the saddle is formed by “a left underside surface, a right underside surface, and a front underside surface.” The specification identifies these surfaces as 130, 140, and 150, respectively. Fig. 4 of Applicant’s drawings shows these surfaces and it appears that they make up the entirety of the scraper. Thus, the term saddle is being interpreted as the entire ergonomic handle scraper. Therefore, the image used in the above rejection of claim 3 and reprinted below is accurate:
[AltContent: textbox (longitudinal axis)][AltContent: ][AltContent: textbox (approximate center of saddle)][AltContent: ][AltContent: ][AltContent: textbox (perimeter edge of saddle/gripping end)][AltContent: ][AltContent: arc]
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[AltContent: textbox (deepest portion of saddle and greatest depth of concave surface)]
A raised portion of the saddle commences at a n approximate center of the saddle along the longitudinal axis. The approximate center of the saddle
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 DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612