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 .
Claims 1, 3 and 5-8 and 10-11 are pending
Claims 2, 4, 9 and 12 have been canceled
Claims 1, 3 and 10-11 have been amended
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.
Claim 11 is 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 11 recites the limitation " the pair of opposing walls". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1, 3 and 10-11 is rejected under 35 U.S.C. 103 as obvious over Boltryk US 2005/0273957 (US’957) in view of Albright US 2011/0179593 (US’593) and Stecik US 2018/0228339 (US’339).
Regarding claim 1, US’957 teaches a cleaning apparatus for washing utensils may include a housing (structure defining a chamber) and a first and second brush (a plurality of brushes mounted to the structure) that may be removeably disposed in the housing. A hook may be provided on the housing for securing the housing to a secondary structure (a clamp assembly mounted to the structure and configured to releasably connect the structure to an object) (abstract). US’957 further teaches the bristles 44, 46 of one brush 14, 16 may overlap or come within a close proximity to the bristles 44, 46 of the other brush 14 or 16. In operation, a user may add a detergent (not shown) to the ends 58 of the bristles 44, 46 at the open end 32 of the housing 12. Next, a user may add an amount of water (not shown) as a means of activating the detergent. The user will then grasp a knife 60, fork (a roasting utensil having first and second prongs connected to a shaft), spoon or other utensil in need of cleaning and place it between the bristles 18 of the first 14 and second 16 brushes within the housing 12. Finally, the user will move the utensil in a reciprocating path between the brushes 14, 16 with the result that the utensil is scoured clean (the chamber and the opening being sufficiently sized and shaped such that the first and second prongs are insertable into the chamber through the opening) (para. 21-27, see fig. 3). US’957 further teaches the bristles 44, 46 of each brush 14, 16 may overlap or come within a close proximity to the bristles 44, 46 of the other brush 14 or 16. The user will move the utensil in a reciprocating path between the brushes 14, 16 with the result that the utensil is scoured clean (para. 21-27). The housing 12 may be constructed of a transparent polymer material. However, other materials (transparent or not) that include the requisite strength and rust resistance (e.g., stainless steel, aluminum, Plexiglas or PVC) may also be used to construct the housing 12 (para. 18). Therefore, the bristles restricted lateral motion of the pongs of a fork being cleaned when it is inserted between brushes 14 and 16 and the structure of the housing is sufficient to retain the utensil within the housing during cleaning. The examiner notes that the limitation of configured such that the brushes and structure maintain the shaft in a substantially upright and vertical position does not necessarily exclude a person holding the shaft while it is maintained substantially upright and vertical. As shown in fig. 3 the utensil is held in a substantially upright and vertical position when it is inserted for cleaning and the structure of the housing is ridge since it is made of stainless steel, aluminum, Plexiglas or PVC.
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Therefore, US’957 teaches an apparatus for use with a roasting utensil having first and second prongs connected to a shaft, the apparatus comprising: structure defining a chamber and an opening to the chamber; a plurality of brushes mounted to the structure and extending across the chamber; a clamp assembly mounted to the structure and configured to releasably connect the structure to an object; wherein the chamber and the opening being sufficiently sized and shaped such that the first and second prongs are insertable into the chamber through the opening, and the brushes are positioned and configured such that the brushes maintain the shaft of the roasting utensil in a substantially upright and vertical position when the prongs are sufficiently within the chamber and the chamber is upwardly open.
US’957 is silent with regard to the brushes independently maintain the shaft in a substantially upright and vertical position, and the structure includes a first segment and a second segment that selectively separable from each other; each of the brushes includes a respective shaft and a plurality of bristles mounted to, and extending radially from, the shaft, the plurality of brushes includes a first set of brushes and a second set of brushes, wherein the shafts of the first set of brushes are coplanar about a first plane and extend between a pair of walls of the first segment, the shafts of the second set of brushes are coplanar about a second plane and extend between a second pair of walls of the second segment, and the first plane and the second plane are parallel to one another, such that the separation of the first segment from the second segment of the structure moves the first set of brushes away from the second set of brushes.
However, US’957 further teaches the bristles 44, 46 of each brush 14, 16 may overlap or come within a close proximity to the bristles 44, 46 of the other brush 14 or 16. The bristles 44 and 46 may be constructed of a durable material such as plastic or metals and may have a high density (para. 21-24). Applicant describes the bristles of the instant application as made of metal in para. 46 of the filed specification. Therefore, the bristles of US’957 appear to be at least as strong of applicant’s bristles. Since US’957 teaches that the brushes can have overlapping bristles, with high density which are made of metal and extend along two lateral sides of the chamber, the brush configuration taught by US’957 appear to have sufficient structure to independently maintain the shaft upright and vertical at least to the same degree as applicant. Therefore, all the elements necessary to provide a brushes structure capable of independently maintain the shaft in a substantially upright and vertical position are taught by US’957 and combinable into a single brush structure.
It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the apparatus of US’957 to include the brushes independently maintain the shaft in a substantially upright and vertical position because US’957 teaches that the brushes can have overlapping bristles, with high density which are made of metal and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
The modified apparatus US’957 does not teach the structure includes a first segment and a second segment that selectively separable from each other; each of the brushes includes a respective shaft and a plurality of bristles mounted to, and extending radially from, the shaft, the plurality of brushes includes a first set of brushes and a second set of brushes, wherein the shafts of the first set of brushes are coplanar about a first plane and extend between a pair of walls of the first segment, the shafts of the second set of brushes are coplanar about a second plane and extend between a second pair of walls of the second segment, and the first plane and the second plane are parallel to one another, such that the separation of the first segment from the second segment of the structure moves the first set of brushes away from the second set of brushes.
US’339 teaches a grate cleaning device. The grate cleaning device is configured to wash grill grates. A pair of panels containing brush members are inserted into a housing (abstract). Referring now to FIG. 3, there is shown a perspective view of the inner surfaces of the pair of panels of an embodiment of the grate cleaning device. Each panel of the pair of panels 13 is defined by an outer surface and an inner surface 19. In one embodiment of the pair of panels 13 are hingedly connected. The inner surface 19 of each pair of panels 13 comprises at least one brush member 20 (para. 27). The hinged housing provides a snap connection to enable more efficient access and secured closure of the cleaning device and enable more ease when moving and removing the pair of brush panels (para. 8 and 11). Therefore, providing the brushes of the modified apparatus of US’957 on panels taught by US’339 would provide more efficient access and secured closure of the cleaning device and enable more ease when moving and removing the pair of brush panels/walls.
It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the modified apparatus of US’957 to include the structure includes a first segment and a second segment that selectively separable from each other because US’339 teaches it would provide more efficient access and secured closure of the cleaning device and enable more ease when moving and removing the pair of brush panel.
The modified apparatus US’957 does not teach each of the brushes includes a respective shaft and a plurality of bristles mounted to, and extending radially from, the shaft, the plurality of brushes includes a first set of brushes and a second set of brushes, wherein the shafts of the first set of brushes are coplanar about a first plane and extend between a pair of walls of the first segment, the shafts of the second set of brushes are coplanar about a second plane and extend between a second pair of walls of the second segment, and the first plane and the second plane are parallel to one another, such that the separation of the first segment from the second segment of the structure moves the first set of brushes away from the second set of brushes.
US’593 teaches an implement washing apparatus (abstract). US’593 further teaches a chamber includes brushes on the sides of the chamber (see fig. 1-2). The configuration can either be a flat brush or round brushes configured to have a shaft and a plurality of bristles mounted to, and extending radially from, the shaft (see fig. 2b). The configuration shown in fig. 2a-b reads on the configuration recited in claim 12 (para. 21-22). US’593 teaches the arrangement of the rotor brushes can be used to wash and scrub generally planar or wide implements such as plates, bowls, or a number of different implements simultaneously as compared to a brush only extends out from the sides of the basin similar to the brushes of US’957 (para. 21-22, see fig. 2a-2b). Therefore, one of ordinary skill in the art would be reasonably motivated to select the alternative brushes of US’593 and modify the mounting structure of US’957 to accommodate rotor mounted brushes since they are art recognized alternatives and rotor brushes are known to be more useful to wash and scrub generally planar or wide implements or a number of different implements simultaneously. Since the brushes of US’957 each include a pair of flanges slidably engaged to the guides 34 of the housing 12 (para. 22, see fig. 1-2) the brushes are secured in the chamber which reads on the brushes is affixed to the structure, with regard to claim 10. Since the brushes of US’339 are integrated with the panels inner surface shown in fig. 3 (par. 27-28) modifying the modified apparatus of US’957 to include the wall panels of US’593 and round brushes of US’593 would need to include the shaft of each of the brushes has ends extending between the pair of walls of the first segment and pair of walls of the second segment.
It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the modified apparatus of US’957 to include each of the brushes includes a respective shaft and a plurality of bristles mounted to, and extending radially from, the shaft, the plurality of brushes includes a first set of brushes and a second set of brushes, wherein the shafts of the first set of brushes are coplanar about a first plane and extend between a pair of walls of the first segment, the shafts of the second set of brushes are coplanar about a second plane and extend between a second pair of walls of the second segment, and the first plane and the second plane are parallel to one another, such that the separation of the first segment from the second segment of the structure moves the first set of brushes away from the second set of brushes is a known configuration for a utensil cleaning apparatus to be more useful to wash and scrub generally planar or wide implements or a number of different implements simultaneously and simple substitution of one known element for another to obtain predictable results is obvious, see MPEP 2141 III (B).
Regarding claims 3 and 10, the modified apparatus of US’957 teaches the cleaning apparatus of claim 1. The modified apparatus of US’957 further teaches the prongs of the roasting utensil are insertable between the shafts of the first set of brushes and the shafts of the second set of brushes, and the prongs are insertable between the shafts of the second set of brushes and the second wall (see fig. 2a-2b, para. 21 of US’593), with regard to claim 3 and the shaft of each of the brushes is affixed to the structure (see fig. 2a-2b para. 21 of US’593), with regard to claim 10.
Regarding claim 11, the modified apparatus of US’957 teaches the apparatus of claim 1. The modified apparatus of US’957 further teaches the shaft of each of the brushes has ends extending through the pair of opposing walls (see US’593 fig. 2a-b, para. 21. a rotor that is connected on opposite ends to opposing side walls of the basin)
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over US’957 in view of US’593 and US’339 as applied to claim 1 above, and further in view of Brassard US 10,557,590 (US’590).
Regarding claim 5, the modified apparatus of US’957 teaches the cleaning apparatus of claim 1.
US’957 does not teach wherein the clamp assembly includes first and second jaw members that are configured to exert a compressive force therebetween, and wherein the clamp assembly is selectively rotatable relative to the structure between a first position in which the jaw members are coplanar in a first plane and a second position in which the jaw members are coplanar in a second plane that is perpendicular to the first plane.
US’590 teaches a clamp-type mount capable of being clamped to objects of a wide range of sizes (abstract). US’590 further teaches as shown in FIG. 5, the clamp-type mount 6 includes a first clamping member 60, a second clamping member 61 (first and second jaw members), a clamping-member pivot shaft 62, a tightening pivot shaft 63 (compressive force), a tightening threaded rod 64, a tightening knob 65, and a spherical coupling head 66. Referring now to FIG. 8 and FIG. 9, a supporting base 8 can be linked to the spherical coupling head 66 (which is fixedly provided on the outer side of the first clamping member 60 at a position adjacent to the first end of the first clamping member 60) via an adapter 7, and then a mobile electronic device 9 can be easily and securely mounted on the supporting base 8 as shown in FIG. 9 so that the user can view the contents displayed by, and/or operate, the mobile electronic device 9 in different environments with the same ease and steadiness (col. 9-10 see fig. 5-7). Therefore, the clamp of US’590 is selectively rotatable using spherical coupling head 66, which reads on wherein the clamp assembly is selectively rotatable relative to the structure between a first position in which the jaw members are coplanar in a first plane and a second position in which the jaw members are coplanar in a second plane that is perpendicular to the first plane.
It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the modified apparatus of US’957 to include wherein the clamp assembly includes first and second jaw members that are configured to exert a compressive force therebetween, and wherein the clamp assembly is selectively rotatable relative to the structure between a first position in which the jaw members are coplanar in a first plane and a second position in which the jaw members are coplanar in a second plane that is perpendicular to the first plane because US’590 teaches the clamp can mounted to objects of a wide range of sizes and simple substitution of one known element for another to obtain predictable results is obvious, see MPEP 2141 III (B).
Claim(s) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Boltryk US 2005/0273957 (US’957) in view of US’593 and US’339 and Cotto US 2021/0022561 (US’561).
Regarding claim 6, the modified apparatus of US’957 teaches the apparatus of claim 1, as discussed above. US’957 further teaches the housing 12 may be suspended from a secondary structure e.g. table or chair (furniture) (para. 25). As shown in the annotated figure 3 above the chamber opening is upwardly facing so that the utensil can be inserted into the opening. Therefore, US’957 teaches attaching the apparatus of claim 1 to furniture via the clamp assembly such that the chamber is upwardly open; and inserting the first and second prongs into the chamber through the opening. The bristles 44, 46 of one brush 14, 16 may overlap or come within a close proximity to the bristles 44, 46 of the other brush 14 or 16. The user will move the utensil in a reciprocating path between the brushes 14, 16 with the result that the utensil is scoured clean (para. 21-27). Therefore, the bristles restricted lateral motion of the pongs of a fork being cleaned when it is inserted between brushes 14 and 16, which reads on the apparatus restricts lateral movement of the first and second prongs. As a result, US’957 teaches a method comprising: attaching the apparatus of claim 1 to furniture via the clamp assembly such that the chamber is upwardly open; and inserting the first and second prongs into the chamber through the opening so that the apparatus restricts lateral movement of the first and second prongs.
US’957 does not teach furniture that is outdoors.
US’561 teaches cooking, such as outdoor cooking, is a common activity. To cook outdoors, for example, utensils are used to handle the food. When unattended, for example, flies or other insects may make contact with the cooking utensils and thereby cause contamination of the cooking utensils. Common house flies, for example, can infect humans with more than sixty types of pathogens. Common house flies may also transfer parasites to humans. Thus, there is a need for keeping the insects, such as flies, away from the cooking utensils while using the cooking utensils outdoors or indoors (para. 3-6).
It would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify the modified method of US’957 to include furniture that is outdoors because US’561 teaches there are many sources of contamination when cooking outdoors and therefore it is necessary to clean utensils when cooking outside.
Regarding claims 7 and 8, the modified method of US’957 teaches the method of using a cleaning apparatus of claim 6. US’957 further teaches that the housing may be suspended from a secondary structure e.g. table or chair (para. 25). Therefore, US’957 further teaches wherein the outdoor furniture is a picnic table, with regard to claim 7 and wherein the outdoor furniture is a chair, with regard to claim 8.
Response to Amendment
Applicant’s amendments to independent claims 1 and 6 to include subject matter regarding the configuration of the brushes and panels has changed the scope of claims 1 and 6. upon further consideration, a new grounds of rejection is made under 103 as obvious over US’957 in view of US’593 and US’339 which includes both the rejection of claims 1 and 6 as stated in the non-final office action mailed 4-21-25 and additional discussion regarding the teachings of US’593 and US’339 relating to the features added to claims 1 and 6.
Response to Arguments
Applicant's arguments filed 10-21-25 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to the combination of Boltryk and Albright being a change of the principle operating of the invention has been considered but is not deemed persuasive. The purposed modification does not change the principal operation of Boltryk because the principle operating is not limited to manual reciprocation of a single narrow utensil, but rather to containing an implement within a chamber using opposing brushes and such that relative motion between the implement and the bristles produce cleaning. Boltryk expressly discloses that the dimensions, shape and configuration of the brushes may be modified to accommodate utensils of various shapes and sizes, alternative brush geometries or arrangements that support cleaning a wider variety of implements (see para. 5, 16, 23-24). Substituting cylindrical brushes as taught by Albright merely changes the brush structure used to achieve the same scouring function, while preserving user insertion, brush engagement, and cleaning by relative movement. This is a predictable substitution of known brush configurations for known cleaning purposes, and does not negate Boltryk’s cleaning objective or require a fundamentally different mode of operation under 2143.01.VI.
Applicant’s arguments that nothing in Stecik teaches or suggest that providing brush panels provides more efficient access and secure closer of the cleaning device or enable more ease when removing the pain of brush panels/walls has been considered but is not deemed persuasive. The statement improperly separates the stated motivation from the panel structure required by the discloser of Stecik. Stecik explicitly attributes ease of access, removability, and handling to the brush panels structures as a whole, not solely to the hinges and handles. Stecik states that “provide the pair of panels having handle members to enable more ease when moving and removing the pair of panels from the slot” (para. 11). Therefore, the handle structures require the panels and teaches one of ordinary skill in the art how to structure opposing brushes used for cleaning in a way to a enable more ease when moving and removing the brushes by attaching the brushes to panels having handles. Likewise, Stecik explains that “a hinged housing that further comprises a snap connection to enable more efficient access and secured closure of the grate cleaning device”, “the pair of panels 13 are hingedly connected” (para. 8, para 27), Therefore, the benefits of the hinged housing and snap closers cannot be separated from the fact that they are structured as part of a pair of panels. Accordingly, the advantage of efficient access, secure closer and ease of removal as inseparable from the use of the brush mounted panels which provide the structural platform for using handle, hinges or snap connection. The structure of the panels enables them to have handles, hinges and snap connections that provide the benefits of more efficient access and secured closure of the cleaning device and enable more ease when moving and removing the pair of brush panel.
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 ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached on 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN F BERGNER/Primary Examiner, Art Unit 1713