DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Medicine
Status of Claims
This action is in reply to the communications filed on 1/16/2023.
The Examiner notes claims 1-17 are currently pending and have been examined.
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(s) 1-10 & 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM DONG PYO (KR 101379506 B1) in view of Harrington et al. (US 20180206693), hereinafter Kim and Harrington, respectively.
Regarding claim 1. Kim discloses a brush [Fig 1-2; 10] comprising:
a) a handle [14] including an inner portion and outer portion [Fig 1-2; the outer portion is 14 and the inner portion is 11]…, and
b) a brush head [20] including a core having a central axis, a proximate end, a terminal end [Fig 1-2; the bristles are connected to a core (20a is the hole that is in the core) that has a central axis with a proximate end and terminal end], and a second aperture [Fig 2; 20a] extending substantially the length of the core for receiving the inner portion through the proximate end of the core [Fig 2; 11 is an inner portion of the handle that is received inside the core], and a first bristle set comprising a plurality of generally cylindrical bristles extending from the core [Fig 1-2; the bristles not on the tip of the inner portion are the first bristle set], the bristles of the first set having a first diameter proximate the core and a second diameter at the distal end, the first diameter being greater than the second diameter [Fig 2; each bristle has a larger diameter at the core that steps down to a smaller diameter two times before reaching the tip of the bristle].
Kim may not explicitly disclose the outer portion having a first aperture extending substantially the length of the outer portion, the inner portion slidably positionable inside the aperture from a first position to a second position, and means for releasably locking the inner portion at the first position and the second position.
However Harrington teaches a cleaning brush [Fig 1-2B; 10] with a handle including an inner portion and an outer portion [Fig 1-2B & 4A-4C; 14 & 18 form a handle with 14 as the outer portion and 18 as the inner portion], the outer portion having a first aperture extending substantially the length of the outer portion [Fig 1-4C; 14 is hollow and 18 moves within the hollow interior/aperture], the inner portion slidably positionable inside the aperture from a first position to a second position, and means for releasably locking the inner portion at the first position and the second position [Fig 1-2A & 4A-4C; ¶49 & ¶62; 16 is a releasable locking means to secure 18 in place in a plurality of positions (i.e. first and second positions are at the ends of the range of positions],
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handle as disclosed by Kim to have the outer portion having a first aperture extending substantially the length of the outer portion, the inner portion slidably positionable inside the aperture from a first position to a second position, and means for releasably locking the inner portion at the first position and the second position as taught by Harrington for the purpose of making the handle telescopic to increase the handles reach as required to clean hard to reach places [Harrington: ¶2-¶3 & ¶49].
Regarding claim 2. Kim as modified teaches the brush according to claim 1 wherein the core is generally cylindrical, and the bristles of the first set extend radially from the core [Kim: Fig 1-2 & 5].
Regarding claim 3. Kim as modified teaches the brush according to claim 2 wherein the bristles of the first set comprise a plurality of segments, each of the plurality of segments having a corresponding diameter, the diameter of each of the plurality of segments of bristles diminishing from the proximate end to the distal end of the bristles [Kim: Fig 1-2; the bristles have a plurality of segments with diminishing diameters].
Regarding claim 4. Kim as modified teaches the brush according to claim 3 wherein the bristles of the first set include at least two segments [Kim: Fig 1-2].
Regarding claim 5. Kim as modified teaches the brush according to claim 3 wherein the bristles of the first set include three segments [Kim: Fig 1-2].
Regarding claim 6. Kim as modified teaches the brush according to claim 1 wherein the brush head is formed from a silicone rubber [Kim: Abstract & ¶30 of the translation].
Regarding claim 7. Kim as modified teaches the brush according to claim 1 wherein the bristles of the first set extend at a fixed distance from the core [Kim: Fig 1-2; each bristle extends the same fixed distance away from the core while the core itself has difference diameters].
Regarding claim 8. Kim as modified teaches the brush according to claim 1 wherein the brush head comprises a second set of bristles extending from the terminal end of the core [Kim: Fig 1-2; the bristles at 21 extend from the terminal end of the core] but may not explicitly disclose and terminating at a plane perpendicular to the axis of the core spaced from the terminal end of the core.
However Harrington further teaches another embodiment [Fig 6-7B] wherein the brush head [212] comprises a second set of bristles extending from the terminal end of the core [Fig 7A-7B; the bristles at the end of the core are a second set of bristle from the first set that extend from the cylindrical sides of the core] and terminating at a plane perpendicular to the axis of the core spaced from the terminal end of the core [Fig 7A-7B]
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second set of bristles as taught by Kim as modified to have the second set of bristles terminating at a plane perpendicular to the axis of the core spaced from the terminal end of the core as taught by Harrington as per MPEP 2143(E), choosing from a finite number of identified predictable solutions, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the finite number of identified predictable solutions are: convex, concave, or flat. Therefore, since modifying Kim as modified to have a flat end (i.e. the bristles terminating at a plane perpendicular to the axis of the core spaced from the terminal end of the core) can be made without any change in the operation of Kim as modified and in view of the teachings of the prior art of Harrington [Fig 7A-7B] there will be reasonable expectations of success.
Regarding claim 9. Kim as modified teaches the brush according to claim 1 wherein the bristles of the first set extend radially from the core and are evenly spaced radially around the core [Kim: Fig 1-2].
Regarding claim 10. Kim as modified teaches the brush according to claim 1 wherein the brush head is releasably affixed to the second portion of the handle [Kim: Fig 1-2].
Regarding claim 12. Kim as modified teaches the brush according to claim 1 wherein the handle includes means for locking the inner portion of the handle at least one intermediate position between the first position and the second position [Harrington: Fig 1-2A & 4A-4C; ¶49 & ¶62; 16 is a releasable locking means to secure 18 in place in a plurality of positions (i.e. first, second, and any position between those two)].
Regarding claim 13. Kim as modified teaches the brush according to claim 12 wherein the means for locking the inner portion of the handle comprises a twist lock device [Harrington: Fig 1-2A & 4A-4C; ¶49 & ¶62; 16 is a twist lock device].
Claim(s) 11 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Harrington further in view of Randolph et al. (US 6349443), hereinafter Randolph.
Regarding claim 11. Kim as modified teaches the brush according to claim 10 wherein the means for releasably affixing the brush head to the inner portion of the handle comprises a …groove[[s]] formed in the inner portion [Kim: Fig 2; the groove at the end of 11 that the core wraps around releasably affixes the core to the inner portion of the handle].
However Kim as modified may not explicitly disclose a plurality of grooves formed in the inner portion.
Randolph teaches a cleaning brush [Fig 1] with a core [300] releasably affixed to an inner portion [Fig 10; 100’] wherein the means for releasably affixing the brush head to the inner portion of the handle comprises a plurality of grooves formed in the inner portion [Fig 10; Col9:line21-32; grooves (140) are formed in the inner portion to prevent the core from being removed or accidentally releasing from the inner portion].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the inner portion as taught by Kim as modified to have the means for releasably affixing the brush head to the inner portion of the handle comprises a plurality of grooves formed in the inner portion as taught by Randolph for the purpose of preventing relative axial moment of the core in relation to the inner portion [Randolph: Col9:21-32].
Regarding claim 17. Kim as modified teaches the brush according to claim 11 further comprising a corresponding plurality of protrusions formed on the surface of the aperture of the core of the brush head for engaging the grooves [Kim: Fig 2; the core conforms to the shape of the inner portion and if grooves are added to the inner portion then to continue to conform to the inner portion protrusions would have corresponding protrusions to the grooves].
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Harrington further in view of TESINI et al. (WO 2012139111 A1), hereinafter Tesini.
Regarding claim 14. Kim as modified teaches the brush according to claim 1 but may not explicitly disclose wherein the brush head further comprises a collar at the proximate end of the brush head, the collar being adapted for receiving a removable protective splash shield.
However Tesini teaches a brush [10] with a shield [16] wherein the brush head further comprises a collar at the proximate end of the brush head [Fig 1; the collar is the raised portions of 14 & 12 on either side of 22], the collar being adapted for receiving a removable protective splash shield [Fig 1; ¶19].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the brush head as taught by Kim as modified to have the brush head further comprises a collar at the proximate end of the brush head, the collar being adapted for receiving a removable protective splash shield as taught by Tesini for the purpose of preventing the brush from going too far into a container or cavity [Tesini: ¶19].
Regarding claim 15. Kim as modified teaches the brush according to claim 14 wherein the collar comprises a pair of spaced disks having a diameter greater than the core [Fig 1; the collar has two raised portion that are disks with larger diameters than the handle diameter].
Regarding claim 16. Kim as modified teaches the brush according to claim 1 further comprising a splash shield [Claim 16 is rejected for the same reasons as claim 14].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited, PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R MCCONNELL whose telephone number is (303)297-4608. The examiner can normally be reached Monday-Thursday 0700-1600 MST [0900-1800 EST] 2nd Friday 0700-1500 MST [0900-1700 EST].
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/AARON R MCCONNELL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723