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 .
Status of Claims
The present Office action is responsive to the Remarks and Amendments filed on 11-12-2025. As directed, claims 1, 4-5, 7, and 11 have been amended, claims 2-3 and 12 have been cancelled, and no new claims have been added. Thus, claims 1 and 4-11 are currently pending examination.
Response to Amendment
Applicant has amended each of claims 1, 5, 7, and 11, and cancelled claims 3-4 and 12 (previously numbered erroneously as claim 13), in order to address minor informalities within these claims. The previously held claim objections are hereby withdrawn.
Applicant has amended each of claims 7 and 11 to address indefinite language within these claims. The previously held rejections under 35 USC 112(b) are hereby withdrawn.
Response to Arguments
Applicant's arguments filed 11-12-2025 have been fully considered but they are not persuasive. Applicant first argues, see Remarks at page 6, that claim 1 requires “linear segments that are adjustable between 0 and 180 degrees relative to each other”, and from this concludes that Hwan cannot anticipate claim 1 because “Hwan does not clearly and definitely disclose the range of adjustment of the linear segments. To the contrary, the structure of the joint between the linear segments provides a physical obstruction of being able to achieve the claimed range of adjustment”.
Examiner respectfully disagrees. The respective segments of Hwan are defined as elements 11 and 12, where the set of pivots is given by the elements forming third and fourth hinge parts 14 and 15. In Hwan’s Figure 2, the device is clearly shown to be in a straight line, such that the angle between segments 11 and 12 coincides with 0 degrees/180 degrees. Still further, Hwan’s Figure 5 quite clearly shows the segments 11 and 12 pivoted relative to each other, and at an angle which is between the claimed range of 0 and 180 degrees, since the device is not provided in a straight line. Thus, at Figure 5, Hwan provides clear disclosure that an angle between 0 and 180 degrees is obtained due to the set of pivots being adjustable between the two linear segments. Hwan will be maintained hereinbelow to reject claim 1 as amended.
Applicant continues to argue that each of dependent claims 4-10 and independent claim 11, cannot properly be anticipated by Hwan or rendered obvious by the respective combination of references employed alongside Hwan, due to the alleged deficiency with respect to the Hwan angular adjustment. Given that Hwan is not deficient with respect to the Applicant’s allegations, as addressed above, each rejection of claims 4-11 will be properly maintained hereinbelow.
Claim Objections
Claims 1, 4-5, 7, and 10-11 are objected to because of the following informalities:
At claim 1, line 6, it is suggested that “each linear segment” be replaced with “the respective linear segment”, as claim 1 now delineates that there are two linear segments, the respective linear segment and the adjacent linear segment.
At claim 1, lines 7-8, it is suggested that “at least one adjacent linear segment” be replaced with “the adjacent linear segment”, as claim 1 now delineates that there are two linear segments, the respective linear segment and the adjacent linear segment.
At claim 4, line 1, it is suggested that “an angle” be replaced with “the angle” as the limitation was introduced in claim 1, line 9.
At claim 4, line 2, to is suggested that “a respective linear segment” be replaced with “the respective linear segment, as claim 1 introduces the respective linear segment, and further as claim 1 now delineates that there are two linear segments, the respective linear segment and the adjacent linear segment.
At claim 4, line 2, to is suggested that “an adjacent linear segment” be replaced with “the adjacent linear segment, as claim 1 introduces the adjacent linear segment, and further as claim 1 now delineates that there are two linear segments, the respective linear segment and the adjacent linear segment.
At claim 5, line 2, it is suggested that “each pivot of” be eliminated for clarity (Examiner notes that the instant specification at page 4, lines 13-29 and Fig. 1 illustrate and describe each pivot 16 of a set of pivots 16 that includes a set of spur gears 20 and 22, per this disclosure, Examiner interprets the pivot to be inclusive of the set of pivots, since Applicant delineates the pivot and set of pivots as the same reference numeral).
At claim 7, lines 4-5, it is suggested that “the plurality of barbs being attached singly to the digits distal from the plate” be replaced with “each of the plurality of barbs being attached to a respective one of the plurality of digits” for clarity.
At claim 10, line 5, it is suggested that “hangs” be replaced with “configured to hang” to avoid recitation of method steps in an apparatus claim.
At claim 11, line 6, it is suggested that “each linear segment” be replaced with “the respective linear segment”, as claim 11 now delineates that there are two linear segments, the respective linear segment and the adjacent linear segment.
At claim 11, lines 7-8, it is suggested that “at least one adjacent linear segment” be replaced with “the adjacent linear segment”, as claim 11 now delineates that there are two linear segments, the respective linear segment and the adjacent linear segment.
At claim 11, line 10, it is suggested that “an angle” be replaced with “the angle” as the limitation was introduced in claim 11, line 9.
At claim 11, line 12, it is suggested that “each pivot of” be eliminated for clarity (Examiner notes that the instant specification at page 4, lines 13-29 and Fig. 1 illustrate and describe each pivot 16 of a set of pivots 16 that includes a set of spur gears 20 and 22, per this disclosure, Examiner interprets the pivot to be inclusive of the set of pivots, since Applicant delineates the pivot and set of pivots as the same reference numeral).
At claim 11, line 28, it is suggested that “bars” be replaced with “barbs” for clarity
At claim 11, lines 32-33, it is suggested that “the plurality of barbs being attached singly to the digits distal from the plate” be replaced with “each of the plurality of barbs being attached to a respective one of the plurality of digits” for clarity.
At claim 11, line 42, it is suggested that “hangs” be replaced with “configured to hang” to avoid recitation of method steps in an apparatus claim.
Appropriate correction is required.
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 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwan (KR 2011/0102069).
Examiner notes that the citations with respect to Hwan are given relative to the provided translation furnished in the non-final Office action of 08-25-2025.
Regarding claim 1, Hwan discloses a back scratching device (page 2: “2 is in accordance with an embodiment of the present invention Backscratcher”; Fig. 1) comprising:
a rod (10) comprising a plurality of linear segments (11 and 12) wherein the plurality of linear segments (11 and 12) comprises two linear segments (11 and 12) (page 3: “On the other hand, in this embodiment, the handle section 10, and the first handle portion 11, and the second handle portion 12, is made up of the second angle adjusting unit (40).”; Fig. 2);
a set of pivots (the hinge portions formed by third and fourth hinge portions 14, 15 and encompassing shaft 41, groove 43, and projection 44), each pivot being operationally attached to a respective linear segment of the plurality of linear segments and to an adjacent linear segment of the plurality of linear segments, such that each linear segment is selectively angularly positionable relative to at least one adjacent linear segment (page 2: “as shown in Figures 2 through 4, the angle adjustment can Backscratcher of the invention By scratching the itchy area to reach, such as the human body, and the handle portion 10, and a scraping section 20, the first and the angle adjustment section 30, the second portion comprises a back angle adjustment (40)”, where the linear segment is 12 and the adjacent linear segment is 11; see Fig. 2; page 3: “The second angle adjustment unit 40, the second rotation shaft 41, spring 42, and a second locking groove 43 and a second locking projection ( 44) comprises a. The second rotary shaft 41 is coupled to the hinge end and the other end of the second handle portion12 of the first handle portion (11). In this case, the end of the first handle portion 11 and the third hinge portion 14 is formed to be spaced apart from each other protruding on both sides, and the other end of the second handle portion 12 is provided with the third hinge portion 14 is a fourth hinge portion (15) disposed between the protrusion nis formed, the second rotating shaft 41 are connected through the third hinge portion 14 and the fourth hinge (15)” and Fig. 4, where each section 14, 15 is attached to a respective linear segment 11, 12), wherein the set of pivots (the hinge portions formed by third and fourth hinge portions 14, 15 and encompassing shaft 41, groove 43, and projection 44) enables positioning of the respective linear segment (12) at an angle of between 0 degrees and 180 degrees relative to the adjacent linear segment (11) (page 2: “as shown in Figures 2 through 4, the angle adjustment can Backscratcher of the invention By scratching the itchy area to reach, such as the human body, and the handle portion 10, and a scraping section 20, the first and the angle adjustment section 30, the second portion comprises a back angle adjustment (40)”, where the linear segment is 12 and the adjacent linear segment is 11; see Fig. 2; page 3: “The second angle adjustment unit 40, the second rotation shaft 41, spring 42, and a second locking groove 43 and a second locking projection ( 44)” and Fig. 4; see Fig. 5 and note the angle between 11 and 12 which is between the claimed range of 0 and 180 degrees, as the device is not in a straight line; Examiner further notes that the instant specification at page 4, lines 13-29 and Fig. 1 illustrate and describe each pivot 16 of a set of pivots 16 that includes a set of spur gears 20 and 22, per this disclosure, Examiner interprets the pivot to be inclusive of the set of pivots, since Applicant delineates the pivot and set of pivots as the same reference numeral); and
a plurality of barbs attached to a first end of the rod (10), wherein the rod (10) is configured for grasping, proximate to a second end of the rod, in a hand of a user manipulating the rod (10) such that the plurality of barbs are configured to scratch a back of the user to relieve itching (page 2: “The handle portion 10 is composed of rod-shaped, 1 may be made as one part only, may be separated into two or more parts, as in the present embodiment”; see annotated Fig. 2 below; page 4: “As above, the scraping portion 20 or grip portion by bending so that 10 to a variety of angles, such as a person's hand and arm, scraping portion so as to conform to different body each user 20 and the grip section 10 can freely adjust the bending angle scratch the itch and blind spots effectively”; claim 1, lines 1-6).
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Regarding claim 7, Hwan discloses the back scratching device of claim 1, as discussed above.
Hwan further discloses:
a plate (20) attached to and positioned between the rod (10) and the plurality of barbs (see annotated Fig. 2 below); and
a plurality of digits attached to and extending from the plate (20) distal from the rod (10), such that the plate (20) and the plurality of digits together are hand shaped, the plurality of barbs being attached singly to the digits distal from the plate (20) (see annotated Fig. 2 below).
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Regarding claim 8, Hwan discloses the back scratching device of claim 7, as discussed above.
Hwan further discloses wherein each digit is arcuate (see Fig. 2, and the annotated version above where the annotated digits curve to connect to the annotated barbs).
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 non-obviousness.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hwan (KR 2011/0102069), as applied to claim 1 above, in view of Doyle (US 6,189,222) and Bukovitz (US 2014/0369739).
Regarding claim 4, Hwan discloses the back scratching device of claim 1, as discussed above.
Hwan fails to explicitly disclose wherein an angle between the respective linear segment and an adjacent linear segment is adjustable in increments of 10 degrees.
However, Doyle teaches an implement for adjusting the angle between a respective linear segment (18) and an adjacent linear segment (28) for adjusting the position of a razor on the end of the implement (Col. 2, lines 35-41; Figs. 1-2 and 5-6) which employs a set of spur gears (21 and 23) and a wingnut (26) for adjusting the angle between the linear segments (Col. 3, lines 12-20; Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the set of pivots of the Hwan device to include the set of spur gears and the wing nut of Doyle as another known method of securely adjusting the angle between two adjacent linear segments.
Modified Hwan still fails to explicitly disclose wherein an angle between the respective linear segment and an adjacent linear segment is adjustable in increments of 10 degrees.
However, Bukovitz teaches analogous spur gears (62 and 64) configured for adjusting an angle of a tool held in the device, wherein an angle between the body member and the cage is adjustable in increments of 10 degrees (paragraph 18, lines 1-12 and paragraph 23, lines 1-23, see the range of 10-35 degrees; Fig. 7).
Given that modified Hwan includes spur gears for adjusting the angle between two linear segments, and since Bukowitz also employs analogous gears for adjusting the linear position of the tool via the body member and the cage, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected 10 degrees as an incremental adjustment between the linear segments carried out by the spur gears of modified Hwan, as taught by Bukowitz, as a known and replicable adjustable angular position affording the user more customization of the angle between the two linear segments.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hwan (KR 2011/0102069), as applied to claim 1 above, in view of Doyle (US 6,189,222).
Regarding claim 5, Hwan discloses the back scratching device of claim 1, as discussed above.
Hwan fails to disclose wherein each pivot of the set of pivots comprises:
a first spur gear attached to a respective linear segment;
a second spur gear attached to an adjacent linear segment, such that teeth of the second spur gear are operationally engaged to cogs of the first spur gear; and
an actuator attached to one of the first spur gear and the second spur gear and operationally engaged to the other of the first spur gear and the second spur gear, such that the actuator is selectively actuatable for disengaging the teeth from the cogs for rotating the respective linear segment relative to the adjacent linear segment.
However, Doyle teaches an implement for adjusting the angle between a respective linear segment (18) and an adjacent linear segment (28) for adjusting the position of a razor on the end of the implement (Col. 2, lines 35-41; Figs. 1 and 5-6) which employs a pivot (20) which comprises:
a first spur gear (21) attached to a respective linear segment (18) (Col. 2, lines 35-41 and Fig. 2);
a second spur gear (23) attached to an adjacent linear segment (28), such that teeth of the second spur (23) gear are operationally engaged to cogs of the first spur gear (21) (Col. 2, lines 35-41 and Fig. 2); and
an actuator (26) attached to the second spur gear (23) and operationally engaged to the first spur gear (21), such that the actuator (26) is selectively actuatable for disengaging the teeth from the cogs for rotating the respective linear segment relative (18) to the adjacent linear segment (28) (Col. 3, lines 11-20 and 50-59; Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the set of pivots of the Hwan device to include a first spur gear attached to a respective linear segment, a second spur gear attached to an adjacent linear segment, such that teeth of the second spur gear are operationally engaged to cogs of the first spur gear, and an actuator attached to one of the first spur gear and the second spur gear and operationally engaged to the other of the first spur gear and the second spur gear, such that the actuator is selectively actuatable for disengaging the teeth from the cogs for rotating the respective linear segment relative to the adjacent linear segment, as taught by Doyle, as an alternate known method of adjusting the angle between two adjacent linear segments, provided with additional security due to the presence of the Doyle actuator.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hwan (KR 2011/0102069) in view of Doyle (US 6,189,222), as applied to claim 5 above, and in further view of Bukovitz (US 2014/0369739).
Regarding claim 6, Hwan in view of Doyle disclose the back scratching device of claim 5, as discussed above.
Modified Hwan fails to disclose wherein the actuator comprises a spring-loaded button.
However, Bukovitz teaches analogous spur gears (62 and 64) configured for adjusting an angle of a tool held in the device, wherein an angle between the body member and the cage is adjustable in increments of 10 degrees by virtue of a spring-loaded button (80) (paragraph 18, lines 1-12 and paragraph 23, lines 1-23, see the range of 10-35 degrees; Fig. 7).
Given that modified Hwan includes spur gears for adjusting the angle between two linear segments, and since Bukowitz also employs analogous gears for adjusting the linear position of the tool via the body member and the cage, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the wing nut actuator of modified Hwan could reasonably be replaced with the spring-loaded button taught by Bukowitz, given that both actuators achieve the purpose of allowing for engagement and disengagement of the gears to adjust an angular position, and one of ordinary skill in the art would be motivated to make such a modification in order to more easily adjust the angle by employing the push-button verses the wing nut.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hwan (KR 2011/0102069), as applied to claim 1 above, in view of Nolan (US 2002/0124340).
Regarding claim 9, Hwan discloses the back scratching device of claim 1, as discussed above.
Hwan fails to disclose a fastener attached to the rod proximate to the second end, the fastener being configured for selectively attaching to a substrate for removably attaching the rod to the substrate, wherein the fastener is configured for attaching to the substrate for stowing the rod.
However, Nolan teaches a back brushing implement (10) (paragraph 23, lines 1-5; Fig. 1) including a fastener (22+24) attached to the rod (16+18) proximate to the second end (end including grips 20), the fastener (22+24) being configured for selectively attaching to a substrate for removably attaching the rod (16+18) to the substrate, wherein the fastener (22+24) is configured for attaching to the substrate for stowing the rod (16+18) (paragraph 25, lines 12-16, where the substrate is taken as the shower head or other place the device is hung; Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the Hwan device with a fastener attached to the rod proximate to the second end, the fastener being configured for selectively attaching to a substrate for removably attaching the rod to the substrate, wherein the fastener is configured for attaching to the substrate for stowing the rod, as taught by Nolan, for storing the device when not in use.
Regarding claim 10, Hwan in view of Nolan disclose the back scratching device of claim 1, as discussed above.
Modified Hwan further discloses wherein the fastener (Nolan: 22+24) comprises:
a hole (Nolan: 22); and
a ring (Nolan: 24) positioned through the hole (Nolan: 22), wherein the ring (Nolan: 24) is configured for insertion of an element extending from the substrate (i.e. a projection of the shower head of Nolan), such that the rod (Hwan: 10) hangs from the element, the ring (Nolan: 24 ) comprising rope (paragraph 25, lines 12-16, see string for rope; Fig. 1).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hwan (KR 2011/0102069) in view of Doyle (US 6,189,222), Bukovitz (US 2014/0369739), and Nolan (US 2002/0124340).
Regarding claim 11, Hwan discloses a back scratching device (page 2: “2 is in accordance with an embodiment of the present invention Backscratcher”; Fig. 1) comprising:
a rod (10) comprising a plurality of linear segments (11 and 12), the plurality of linear segments (11 and 12) comprising two linear segments (11 and 12) (page 3: “On the other hand, in this embodiment, the handle section 10, and the first handle portion 11, and the second handle portion 12, is made up of the second angle adjusting unit (40).”; Fig. 2);
a set of pivots (the hinge portions formed by third and fourth hinge portions 14, 15 and encompassing shaft 41, groove 43, and projection 44), each pivot being operationally attached to a respective linear segment of the plurality of linear segments and to an adjacent linear segment of the plurality of linear segments, such that each linear segment is selectively angularly positionable relative to at least one adjacent linear segment (page 2: “as shown in Figures 2 through 4, the angle adjustment can Backscratcher of the invention By scratching the itchy area to reach, such as the human body, and the handle portion 10, and a scraping section 20, the first and the angle adjustment section 30, the second portion comprises a back angle adjustment (40)”, where the linear segment is 12 and the adjacent linear segment is 11; see Fig. 2; page 3: “The second angle adjustment unit 40, the second rotation shaft 41, spring 42, and a second locking groove 43 and a second locking projection ( 44) comprises a. The second rotary shaft 41 is coupled to the hinge end and the other end of the second handle portion12 of the first handle portion (11). In this case, the end of the first handle portion 11 and the third hinge portion 14 is formed to be spaced apart from each other protruding on both sides, and the other end of the second handle portion 12 is provided with the third hinge portion 14 is a fourth hinge portion (15) disposed between the protrusion nis formed, the second rotating shaft 41 are connected through the third hinge portion 14 and the fourth hinge (15)” and Fig. 4, where each section 14, 15 is attached to a respective linear segment 11, 12), wherein the set of pivots (the hinge portions formed by third and fourth hinge portions 14, 15 and encompassing shaft 41, groove 43, and projection 44), each pivot of the set of pivots (the hinge portions formed by third and fourth hinge portions 14, 15 and encompassing shaft 41, groove 43, and projection 44) enabling positioning of the respective linear segment (12) at an angle of between 0 degrees and 180 degrees relative to the adjacent linear segment (11) (page 2: “as shown in Figures 2 through 4, the angle adjustment can Backscratcher of the invention By scratching the itchy area to reach, such as the human body, and the handle portion 10, and a scraping section 20, the first and the angle adjustment section 30, the second portion comprises a back angle adjustment (40)”, where the linear segment is 12 and the adjacent linear segment is 11; see Fig. 2; page 3: “The second angle adjustment unit 40, the second rotation shaft 41, spring 42, and a second locking groove 43 and a second locking projection ( 44)” and Fig. 4; see Fig. 5 and note the angle between 11 and 12 which is between the claimed range of 0 and 180 degrees, as the device is not in a straight line; Examiner further notes that the instant specification at page 4, lines 13-29 and Fig. 1 illustrate and describe each pivot 16 of a set of pivots 16 that includes a set of spur gears 20 and 22, per this disclosure, Examiner interprets the pivot to be inclusive of the set of pivots, since Applicant delineates the pivot and set of pivots as the same reference numeral); and
a plurality of barbs attached to a first end of the rod (10), wherein the rod (10) is configured for grasping, proximate to a second end of the rod, in a hand of a user manipulating the rod (10) such that the plurality of barbs are configured to scratch a back of the user to relieve itching (page 2: “The handle portion 10 is composed of rod-shaped, 1 may be made as one part only, may be separated into two or more parts, as in the present embodiment”; see annotated Fig. 2 below; page 4: “As above, the scraping portion 20 or grip portion by bending so that 10 to a variety of angles, such as a person's hand and arm, scraping portion so as to conform to different body each user 20 and the grip section 10 can freely adjust the bending angle scratch the itch and blind spots effectively”; claim 1, lines 1-6);
a plate (20) attached to and positioned between the rod (10) and the plurality of barbs (see annotated Fig. 2 below); and
a plurality of digits attached to and extending from the plate (20) distal from the rod (10), such that the plate (20) and the plurality of digits together are hand shaped, the plurality of barbs being attached singly to the digits distal from the plate (20), each digit being arcuate (see annotated Fig. 2 below).
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Hwan fails to disclose:
wherein an angle between the respective linear segment and the adjacent linear segment is adjustable in increments of 10 degrees, the pivot comprising:
a first spur gear attached to a respective linear segment,
a second spur gear attached to an adjacent linear segment, such that teeth of the second spur gear are operationally engaged to cogs of the first spur gear, and
an actuator attached to one of the first spur gear and the second spur gear and operationally engaged to the other of the first spur gear and the second spur gear, such that the actuator is selectively actuatable for disengaging the teeth from the cogs for rotating the respective linear segment relative to the adjacent linear segment, the actuator comprising a spring-loaded button; and
a fastener attached to the rod proximate to the second end, the fastener being configured for selectively attaching to a substrate for removably attaching the rod to the substrate, wherein the fastener is configured for attaching to the substrate for stowing the rod, the fastener comprising: a hole, and a ring positioned through the hole, wherein the ring is configured for insertion of an element extending from the substrate, such that the rod hangs from the element, the ring comprising rope, cord, or wire.
However, Doyle teaches an implement for adjusting the angle between a respective linear segment (18) and an adjacent linear segment (28) for adjusting the position of a razor on the end of the implement (Col. 2, lines 35-41; Figs. 1 and 5-6) which employs a pivot (20) which comprises:
a first spur gear (21) attached to a respective linear segment (18) (Col. 2, lines 35-41 and Fig. 2);
a second spur gear (23) attached to an adjacent linear segment (28), such that teeth of the second spur (23) gear are operationally engaged to cogs of the first spur gear (21) (Col. 2, lines 35-41 and Fig. 2); and
an actuator (26) attached to the second spur gear (23) and operationally engaged to the first spur gear (21), such that the actuator (26) is selectively actuatable for disengaging the teeth from the cogs for rotating the respective linear segment relative (18) to the adjacent linear segment (28) (Col. 3, lines 11-20 and 50-59; Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the set of pivots of the Hwan device to include a first spur gear attached to a respective linear segment, a second spur gear attached to an adjacent linear segment, such that teeth of the second spur gear are operationally engaged to cogs of the first spur gear, and an actuator attached to one of the first spur gear and the second spur gear and operationally engaged to the other of the first spur gear and the second spur gear, such that the actuator is selectively actuatable for disengaging the teeth from the cogs for rotating the respective linear segment relative to the adjacent linear segment, as taught by Doyle, as an alternate known method of adjusting the angle between two adjacent linear segments, provided with additional security due to the presence of the Doyle actuator.
Modified Hwan fails to disclose:
wherein an angle between the respective linear segment and the adjacent linear segment is adjustable in increments of 10 degrees, the actuator comprising a spring-loaded button; and
a fastener attached to the rod proximate to the second end, the fastener being configured for selectively attaching to a substrate for removably attaching the rod to the substrate, wherein the fastener is configured for attaching to the substrate for stowing the rod, the fastener comprising: a hole, and a ring positioned through the hole, wherein the ring is configured for insertion of an element extending from the substrate, such that the rod hangs from the element, the ring comprising rope, cord, or wire.
However, Bukovitz teaches analogous spur gears (62 and 64) configured for adjusting an angle of a tool held in the device, wherein an angle between the body member and the cage is adjustable in increments of 10 degrees by virtue of a spring-loaded button (80) (paragraph 18, lines 1-12 and paragraph 23, lines 1-23, see the range of 10-35 degrees; Fig. 7).
Given that modified Hwan includes spur gears for adjusting the angle between two linear segments, and since Bukowitz also employs analogous gears for adjusting the linear position of the tool via the body member and the cage, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the wing nut actuator of modified Hwan could reasonably be replaced with the spring-loaded button taught by Bukowitz, given that both actuators achieve the purpose of allowing for engagement and disengagement of the gears to adjust an angular position, and one of ordinary skill in the art would be motivated to make such a modification in order to more easily adjust the angle by employing the push-button verses the wing nut.
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected 10 degrees as an incremental adjustment between the linear segments carried out by the spur gears of modified Hwan, as taught by Bukowitz, as a known and replicable adjustable angular position affording the user more customization of the angle between the two linear segments.
Further modified Hwan fails to disclose:
a fastener attached to the rod proximate to the second end, the fastener being configured for selectively attaching to a substrate for removably attaching the rod to the substrate, wherein the fastener is configured for attaching to the substrate for stowing the rod, the fastener comprising: a hole, and a ring positioned through the hole, wherein the ring is configured for insertion of an element extending from the substrate, such that the rod hangs from the element, the ring comprising rope, cord, or wire.
However, Nolan teaches a back brushing implement (10) (paragraph 23, lines 1-5; Fig. 1) including:
a fastener (22+24) attached to the rod (16+18) proximate to the second end (end including grips 20), the fastener (22+24) being configured for selectively attaching to a substrate for removably attaching the rod (16+18) to the substrate, wherein the fastener (22+24) is configured for attaching to the substrate for stowing the rod (16+18) (paragraph 25, lines 12-16, where the substrate is taken as the shower head or other place the device is hung; Fig. 1), and
wherein the fastener (22+24) comprises:
a hole (22); and
a ring (24) positioned through the hole (22), wherein the ring (24) is configured for insertion of an element extending from the substrate (i.e. a projection of the shower head of Nolan), such that the rod (16+18) hangs from the element, the ring (24 ) comprising rope (paragraph 25, lines 12-16, see string for rope; Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the Hwan device with a fastener attached to the rod proximate to the second end, the fastener being configured for selectively attaching to a substrate for removably attaching the rod to the substrate, wherein the fastener is configured for attaching to the substrate for stowing the rod and comprises a ring and a hole, as taught by Nolan, for storing the device when not in use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Qian (CN 214910173) is cited for its adjustable backscratcher shown in Figures 1-3.
Yang (CN 211658695) is cited for its adjustable backscratcher shown in Figures 1-2.
Duvall (US D825192) is cited for its pivotably adjustable brush shown in the figures.
Jackson (US 2016/0256017) is cited for its pivotably adjustable brush shown in Figure 3.
Johnson (US 2016/0242991) is cited for its barbs shown at Figure 1.
Conder (US 2016/0166462) is cited for its pivotably adjustable massage apparatus shown in the figures.
Jaworski (US 2012/0167322) is cited for its pivotably adjustable brush shown in Figure 1.
Tan (US 2006/0142679) is cited for its pivotably adjustable backscratcher with multiple hinges shown in Figure 1.
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.
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/PAIGE KATHLEEN BUGG/Examiner, Art Unit 3785