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 .
Abstract
The Abstract includes terms that disclose merits of the invention, which is not allowed (See MPEP 608.01 (b) I). The following terms must be deleted: “better” (line 5), “easily” (line 7).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“first planar member” in claim 1, line 4, claim 5, line 5, and claim 20, line 4.
“second planar member” in claim 1, line 5, claim 5, line 6, and claim 20, line 4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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 3 and 20 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 3 recites “a second end” and there is no antecedent basis for it because no first end was recited in the claims. Claim 20, line 3 has the same issue.
Claim 20, line 9 recites “a fastener” twice. These are two different elements and should not have the same name for clarity.
Claim 20, line 11 recites “a second end” the second time. Is this the same element as “a second end” in line 3?
Claim Rejections - 35 USC § 102
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 1-9, 11-15, 17, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wright (US 2019/0210070).
As to claim 1, Wright includes a ceiling fan cleaning device (Fig. 2 and 3) comprising: an outer housing (6); an inner shaft (20) comprised of a handle (7, 8); a first planar member (11); a second planar member (12); and a dusting pad (9) [para 39-41].
As to claim 2, wherein the inner shaft is positioned within the outer housing (Fig. 3).
As to claim 3, wherein the first planar member is fixedly attached to a second end (The top part of 6) of the outer housing (Fig. 2 and 3).
As to claim 4, wherein the handle has a texture (a surface characteristic).
As to claim 5, Wright includes a ceiling fan cleaning device (Fig. 2 and 3) comprising: an outer housing (6); a button (The piece of 8 outside 7); an inner shaft (20) comprised of a handle (7 and the piece of 8 inside 7); a first planar member (11); a second planar member (12); and a dusting pad (9) [para 39-41].
In the alternative, the button is 30, and the handle is 7/8.
As to claim 6, wherein the first planar member (understood as 17a) forms a 70-degree angle relative to the outer housing (Fig. 3).
As to claim 7, wherein the second planar member (understood as 17b) forms a 70-degree angle relative to the outer housing (Fig. 3).
As to claim 8, wherein a first fastener (The horizontally extending part of 11) is positioned on the first planar member and a second fastener (The horizontally extending part of 12) is positioned on the second planar member (Said parts secure the pads in place, therefore, they are fasteners).
As to claim 9, wherein the first fastener of the first planar member is positioned on a top surface of the first planar member and the second fastener of the second planar member is positioned on a bottom surface of the second planar member (Fig. 3).
As to claim 11, wherein the dusting pad is comprised of an opening (9 inherently has an opening in order to attach to 11 and 12, and see para 39-40).
As to claim 12, wherein the second planar member is further comprised of a base (15a).
As to claim 13, wherein the base prevents a rotation of the second planar member (Fig. 3).
As to claim 14, further comprising a dusting head (It is understood that the dusting pad is 43b and the dusting head is 43a) [Fig. 5 illustrates an alternate dusting pad option and see para 44].
As to claim 15, wherein the outer housing is further comprised of a grip area (The outside of 6 can be gripped).
As to claim 17, wherein the inner shaft is a telescopic shaft (20 is telescopic due to its ability to extend in and out of 6; Fig. 3).
As to claim 18, wherein the button locks a position of the inner shaft (Pushing 8 down holds 20 in its highest position; para 41).
As to claim 20, Wright includes a method of using a ceiling fan cleaning device (Fig. 2 and 3), the method comprising the steps of: pushing an inner shaft (20) of the ceiling fan cleaning device upwards and away from a second end (The top part of 6) of a housing (6) of the ceiling fan cleaning device using a handle (7, 8) of the inner shaft to create a distance between a first planar member (11) and a second planar member (12) of the ceiling fan cleaning device (para 40-41); placing a first dusting pad (43a) on the first planar member and placing a second dusting pad (43b) on the second planar member (Fig. 5 illustrates an alternate dusting pad option) [para 44]; securing the first dusting pad to the first planar member and the second dusting pad to the second planar member using a fastener (The horizontally extending part of 11) located on the first planar member and a fastener (The horizontally extending part of 12) located on the second planar member (Said parts secure the pads in place, therefore, they are fasteners); pulling the inner shaft downwards towards a second end (The top part of 6) of the housing using the handle such that a bottom surface (The underneath surface of 12) of the second planar member moves downwards with the movement of the inner shaft (para 40); and moving the ceiling fan cleaning device back and forth along a fan blade to dust the fan blade while the fan blade is secured within the first planar member and the second planar member (para 32).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wright (US 2019/0210070) in view of Kline (US 966,692).
As to claim 10, Wright does not include wherein each of the first and second fasteners is a spring-loaded wire fork clamp (11 and 12 are spring-loaded via spring 30, as shown in para 41 and Fig. 3, and 11 and 12 are a wire fork, as shown in Fig. 2).
Kline includes a cleaning device with a fastener that is a spring-loaded wire fork clamp (The fastener is a spring wire and a forked body, having one piece above and one piece below a dusting pad and used to clamp the pad; page 1, lines 55-62), and they grip a dusting pad.
It would have been obvious to substitute each of the first and second planar members for a planar member with a fastener that is a spring-loaded wire fork clamp, as taught by Kline, in order to more securely hold the dusting pad in place.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wright (US 2019/0210070) in view of Weeks (US 2015/0297054).
As to claim 16, Wright does not include wherein the grip area is a contoured grip area.
Weeks includes a cleaning device with an outer housing having a contoured grip area (66) [para 62 and Fig. 7].
It would have been obvious to modify the outer housing of Wright to have a contoured grip area, as taught by Weeks, in order to allow one to more easily hold onto the cleaning device when moving it around the home.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wright (US 2019/0210070) in view of Wood (US 2019/0375380).
As to claim 19, Wright does not include wherein the outer housing comprises an oblong shape.
Wood includes a cleaning device with an outer housing (206) comprising an oblong shape (para 42 and Fig. 13).
It would have been obvious to substitute the outer housing for one comprising an oblong shape, as taught by Wood, in order to provide greater torsional stability for the outer housing (para 14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica S. 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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/ANDREW A HORTON/Primary Examiner, Art Unit 3723