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 .
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 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.
Status of Claims
Below is the Final Action on the Merit for claims 1 – 9.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 – 9 are rejected under 35 U.S.C. 103 as being unpatentable over Saxton et al. (U. S. Patent Publication No. 2014/0237729 A1) in view of Yoon (U. S. Patent No. 5,993,470), Weber IV (U.S. Patent Publication No. 2010/0051136 A1) and Josdal (U. S. Patent Publication No. 2002/0166191 A).
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Regarding Independent Claim 1, Saxton teaches a snow and ice removal device (Fig. 1) being configured for removably securing to an exterior of a vehicle, said snow and ice removal device comprising: an ice scraper (shovel head, 1) being configured for facilitating removal of ice from a window of a vehicle (Fig. 10), said ice scraper having a top side (Annotated Fig. 1), a bottom side (Annotated Fig. 1), a scraper edge (Annotated Fig. 1), and a pair of side edges (Annotated Fig. 1), said scraper edge (Annotated Fig. 1) being configured for moving in abutment to the window wherein said scraper edge removes the ice (Fig. 10); a brush (bristles, 5) being coupled to said bottom side (Annotated Fig. 1) of said ice scraper (1) and facilitating sweeping snow off from the exterior of the vehicle (Fig. 11), said brush (5) including a plurality of bristles (Fig. 1) extending from said bottom side of said ice scraper (Fig. 1); a base (Annotated Fig. 1) being coupled to said side edges (Annotated Fig. 1) of said ice scraper (1); a tube (bristle block shaft, 3) enclosing an interior space (opening 20) and being coupled to said base (Annotated Fig. 1); a handle (shaft, 6 with handle 15) being coupled to said tube (3); a closing fastener (leg button pin; 4; Fig. 1; this element is interpreted under 112(f) as a closing fastener which corresponds to the button in the specification) being positioned within said interior space of said tube (3) and releasably fastening said handle (shaft, 6 with handle 15) in an closing position (Paragraph [0022]); an opening fastener (leg button pin; 4; Fig. 1; this element is interpreted under 112(f) as a closing fastener which corresponds to the button in the specification) being positioned within said interior space of said tube (3) and releasably fastening said handle in an open position (Paragraph [0022]).
Saxton does not teach a spring being coupled to said handle and said tube and biasing said handle from said closed position to said open position; a magnet being coupled to said handle and being configured for removably securing said handle to said exterior of said vehicle, the exterior is metallic or can be engaged by a magnet; said magnet being exposed on an exterior surface of said handle facing opposite of said bristles of said brush; and a strap being coupled to said handle and comprising a closed loop.
Yoon, however, teaches a spring (spring, 112) being coupled to said handle (handle, 40) and said tube (tubular member, 58) and biasing said handle from said closed position (Fig. 6) to said open position (Fig. 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Saxton to further include a spring being coupled to said handle and said tube and biasing said handle from said closed position to said open position, as taught by Yoon, to provide a device that allows for compact storage.
Weber, further teaches a magnet (62) being coupled to said handle (14; Fig. 1) and being configured for removably securing said handle to said exterior of said vehicle (Paragraph [0028]); the exterior is metallic or can be engaged by a magnet (Paragraph [0028]); said magnet (62) being exposed on an exterior surface of said handle (14; Fig. 1) facing opposite of said bristles (13) of said brush (Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Saxton to further include a magnet, as taught by Josdal, to provide a device that is easily attached to the vehicle thus preventing it from being lost in between using.
Lastly, Josdal teaches a strap (key ring attached to hole, 8; Paragraph [0018]) being coupled to said handle and comprising a closed loop (closed loop of key ring).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Saxton to further include a magnet being coupled to said handle and being configured for removably securing said handle to said exterior of said vehicle assuming the exterior is metallic or can be engaged by a magnet; and a strap being coupled to said handle and comprising a closed loop, as taught by Josdal, to provide a device that is easily attached to the vehicle thus preventing it from being lost in between using.
Regarding Claim 2, Saxton, as modified, teaches said brush (Fig. 1) includes a plurality of bristles (5).
Saxton does not explicitly teach each bristle having a circular cross-sectional shape.
It would have been an obvious to one having ordinary skill in the art before the effective filing date to modify the device of Saxton to explicitly teach each bristle having a circular cross-sectional shape since such a modification would have involved a mere change in the size/shape of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art (MPEP 2144.04). This modification would be beneficial in manufacturing with producing a common bristle shape.
Regarding Claim 3, Saxton, as modified, teaches the snow and ice removal device (Fig. 1) wherein said base (Annotated Fig. 1) has a cylindrical shape (Annotated Fig. 1).
Regarding Claim 4, Saxton, as modified, teaches the snow and ice removal device (Fig. 1), wherein said tube (3) has a distal end and a proximal end relative to said base (Annotated Fig. 1), wherein said proximal end is attached to said base (Annotated Fig. 1), a first hole (Annotated Fig. 1) is positioned proximate to said proximal end and extending through said tube (3; Annotated Fig. 1), a second hole (Annotated Fig. 1) is positioned proximate to said distal end and extending through said tube (3).
Regarding Claim 5, Saxton, as modified, teaches the snow and ice removal device (Fig. 1), wherein said handle (shaft, 6 with handle 15) includes an end wall (Annotated Fig. 1) having a perimeter edge (Annotated Fig. 1), a perimeter wall (Annotated Fig. 1) being coupled to said perimeter edge (Annotated Fig. 1) and extending out from said end wall (Annotated Fig. 1), said perimeter wall (Annotated Fig. 1) having an end edge defining an opening (Annotated Fig. 1) to a receiving space of said handle (Fig. 1), said distal end (Annotated Fig. 1) of said tube being inserted through said opening into said receiving space (Annotated Fig. 1), an aperture being positioned proximate to said opening and extending through said handle (Annotated Fig. 1).
Regarding Claim 6, Saxton, as modified, teaches the snow and ice removal device (Fig. 1)
wherein said closing fastener (4) comprises a button spring clip (Fig. 1) including a button (4) being inserted within said first hole (Annotated Fig. 1) of said tube (3), said button(4) being removably inserted within said aperture (Annotated Fig. 1) of said handle (6), wherein said closing fastener releasably secures said handle in said closing position (Paragraph [0022]; 320; Fig. 3).
Regarding Claim 7, Saxton, as modified, teaches the snow and ice removal device (Fig. 1)
wherein said opening fastener (4) comprises a button spring clip including an opening fastener button (4) being inserted within said second hole of said tube (Annotated Fig. 1), said opening fastener button (4) being removably inserted within said aperture (Annotated Fig. 1) of said handle (6), wherein said opening fastener releasably secures said handle in said opening position (Paragraph [0022]; 330; Fig. 3).
Regarding Claim 8, Saxton, as modified, teaches the snow and ice removal device of claim 1 as discussed above.
Saxton does not teach wherein said spring is positioned within said receiving space of said handle from said end wall to said distal end of said tube, wherein said spring pushes said tube away from said end wall.
Yoon, however, teaches wherein said spring (112) is positioned within said receiving space of said handle (40; Fig. 5) from said end wall (62) to said distal end of said tube (58), wherein said spring (112) pushes said tube (58) away from said end wall (Fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Saxton to further include wherein said spring is positioned within said receiving space of said handle from said end wall to said distal end of said tube, wherein said spring pushes said tube away from said end wall, as taught by Yoon, to provide a device that is easily attached and detached, thus allowing for easy replacement in the event of damage.
Regarding Independent Claim 9, Saxton teaches a snow and ice removal device (Fig. 1) being configured for removably securing to an exterior of a vehicle, said snow and ice removal device comprising: an ice scraper (shovel head, 1) being configured for facilitating removal of ice from a window of a vehicle (Fig. 10), said ice scraper having a top side (Annotated Fig. 1), a bottom side (Annotated Fig. 1), a scraper edge (Annotated Fig. 1), and a pair of side edges (Annotated Fig. 1), said scraper edge (Annotated Fig. 1) being configured for moving in abutment to the window wherein said scraper edge removes the ice (Fig. 10); a brush (bristles, 5) being coupled to said bottom side (Annotated Fig. 1) of said ice scraper (1) and facilitating sweeping snow off from the exterior of the vehicle (Fig. 11); said brush (Fig. 1) includes a plurality of bristles (5); a base (Annotated Fig. 1) being coupled to said side edges (Annotated Fig. 1) of said ice scraper (1); wherein said base (Annotated Fig. 1) has a cylindrical shape (Annotated Fig. 1); a tube (bristle block shaft, 3) enclosing an interior space (opening 20) and being coupled to said base (Annotated Fig. 1); wherein said tube (3) has a distal end and a proximal end relative to said base (Annotated Fig. 1), wherein said proximal end is attached to said base (Annotated Fig. 1), a first hole (Annotated Fig. 1) is positioned proximate to said proximal end and extending through said tube (3; Annotated Fig. 1), a second hole (Annotated Fig. 1) is positioned proximate to said distal end and extending through said tube (3); a handle (shaft, 6 with handle 15) being coupled to said tube; wherein said handle (shaft, 6 with handle 15) includes an end wall (Annotated Fig. 1) having a perimeter edge (Annotated Fig. 1), a perimeter wall (Annotated Fig. 1) being coupled to said perimeter edge (Annotated Fig. 1) and extending out from said end wall (Annotated Fig. 1), said perimeter wall (Annotated Fig. 1) having an end edge defining an opening (Annotated Fig. 1) to a receiving space of said handle (Fig. 1), said distal end (Annotated Fig. 1) of said tube being inserted through said opening into said receiving space (Annotated Fig. 1), an aperture being positioned proximate to said opening and extending through said handle (Annotated Fig. 1); a closing fastener (leg button pin; 4; Fig. 1; this element is interpreted under 112(f) as a closing fastener which corresponds to the button in the specification) being positioned within said interior space of said tube (3) and releasably fastening said handle (shaft, 6 with handle 15) in an closing position (Paragraph [0022]); wherein said closing fastener (4) comprises a button spring clip (Fig. 1) including a button (4) being inserted within said first hole (Annotated Fig. 1) of said tube (3), said button(4) being removably inserted within said aperture (Annotated Fig. 1) of said handle (6), wherein said closing fastener releasably secures said handle in said closing position (Paragraph [0022]; 320; Fig. 3); an opening fastener (leg button pin; 4; Fig. 1; this element is interpreted under 112(f) as a closing fastener which corresponds to the button in the specification) being positioned within said interior space of said tube (3) and releasably fastening said handle in an open position (Paragraph [0022]); wherein said opening fastener (4) comprises an opening fastener button spring clip including said opening fastener button (4) being inserted within said second hole of said tube (Annotated Fig. 1), said button (4) being removably inserted within said aperture (Annotated Fig. 1) of said handle (6), wherein said opening fastener releasably secures said handle in said opening position (Paragraph [0022]; 330; Fig. 3).
Saxton does not explicitly teach each bristle having a circular cross-sectional shape.
It would have been an obvious to one having ordinary skill in the art before the effective filing date to modify the device of Saxton to explicitly teach each bristle having a circular cross-sectional shape since such a modification would have involved a mere change in the size/shape of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art (MPEP 2144.04). This modification would be beneficial in manufacturing with producing a common bristle shape.
Saxton does not teach a spring being coupled to said handle and said tube and biasing said handle from said closed position to said open position; wherein said spring is positioned within said receiving space of said handle from said end wall to said distal end of said tube, wherein said spring pushes said tube away from said end wall; a magnet being coupled to said handle and being configured for removably securing said handle to said exterior of said vehicle, the exterior is metallic or can be engaged by a magnet; said magnet being exposed on an exterior surface of said handle facing opposite of said bristles of said brush; and a strap being coupled to said handle and comprising a closed loop.
Yoon, however, teaches a spring (spring, 112) being coupled to said handle (handle, 40) and said tube (tubular member, 58) and biasing said handle from said closed position (Fig. 6) to said open position (Fig. 7); wherein said spring (112) is positioned within said receiving space of said handle (40; Fig. 5) from said end wall (62) to said distal end of said tube (58), wherein said spring (112) pushes said tube (58) away from said end wall (Fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Saxton to further include a spring being coupled to said handle and said tube and biasing said handle from said closed position to said open position, as taught by Yoon, to provide a device that allows for compact storage.
Weber, further teaches a magnet (62) being coupled to said handle (14; Fig. 1) and being configured for removably securing said handle to said exterior of said vehicle (Paragraph [0028]); the exterior is metallic or can be engaged by a magnet (Paragraph [0028]); said magnet (62) being exposed on an exterior surface of said handle (14; Fig. 1) facing opposite of said bristles (13) of said brush (Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Saxton to further include a magnet, as taught by Josdal, to provide a device that is easily attached to the vehicle thus preventing it from being lost in between using.
Lastly, Josdal teaches a strap (key ring attached to ole, 8; Paragraph [0018]) being coupled to said handle and comprising a closed loop (closed loop of key ring).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Saxton to further include a magnet being coupled to said handle and being configured for removably securing said handle to said exterior of said vehicle assuming the exterior is metallic or can be engaged by a magnet; and a strap being coupled to said handle and comprising a closed loop, as taught by Josdal, to provide a device that is easily attached to the vehicle thus preventing it from being lost in between using.
Response to Arguments
Applicant’s arguments, see Applicants Arguments/Remarks dated June 16, 2025 with respect to the rejection of claims 1 – 9 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Weber.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723