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 .
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 14 and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 states that a connecting portion is between the utility portion and the grip portion and claim 1 was amended to include the limitation that the chamber is between the utility and connecting portion. Claim 14 states that the chamber is housed within the grip portion. This is simply not possible to have the chamber in two separate locations on one embodiment. The applicant amended claim 1 to be directed to a specific embodiment and claim 14 is directed to a different embodiment.
Further, claim 1 was amended to include a switch mounted on the chamber. Claim 19 states that a switch is on the grip portion. There is no embodiment where there is a switch on the chamber and also on the grip. Thus, claim 19 is directed to an embodiment that is not in the disclosure.
Claims 14 and 19 must be canceled or amended to direct their limitations to the embodiment in claim 1.
Claim 20 recites the limitation "the batteries" in line 2. There is insufficient antecedent basis for this limitation in the claim. It appears this claims should depend from 18 and is being examined in this manner.
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) 1-2, 5-6, 8-10, 13, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey (USPN 11154173) in view of Irpino (USPN 5692417).
Ramsey teaches an electric duster with an elongate profile defining a longitudinal axis, comprising a utility portion (16) arranged at a distal end of the electric duster, a grip portion (20) arranged at a proximal end of the electric duster and a connecting portion (12 and battery chamber shown on leftmost portion of 26 in figure 9) arranged between the utility portion and the grip portion, wherein the utility portion is rotatable (abstract) about the longitudinal axis, the electric duster is further provided with a chamber (figure 9, rightmost portion of 26) containing a drive mechanism (62) providing rotational drive to the utility portion, the drive mechanism includes a motor (62), and an axle head (64, 66), the chamber is positioned behind the utility portion and arranged between the utility portion and the connecting portion and the duster is free of a connecting axle, for directly driving the utility portion, there is a switch (58) for controlling the operation of the drive mechanism mounted on the chamber.
Ramsey teaches all the essential elements of the claimed invention however fails to teach a gear box as part of the drive mechanism. Irpino teaches an elongated device with a utility portion (81), a grip (21) and a connecting portion (10). There is a driving mechanism (61) for rotating the utility portion. The drive mechanism comprises a motor and a gear box (71). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the driving means of Ramsey so that the driving mechanism comprises a motor and gear box as taught by Irpino to assist in transferring the motion from the motor to the utility portion.
With regards to claim 2, the utility portion includes a core member (70) and brushing filaments (bristles) enveloping the core member whereby in use rotation of the core member causes corresponding rotation of the brushing filaments.
With regards to claim 5, the utility portion is rotatable, reciprocatingly, about the longitudinal axis (abstract).
With regards to claim 6, the connecting portion includes one or more circular tubes telescopically extendible along the longitudinal axis (figure 6).
With regards to claim 8, a battery compartment (61) positioned adjacent and behind the chamber, and within the distal end of the connecting portion.
With regards to claim 9, the switch (58) is protruded from the chamber.
With regards to claim 10, the connecting portion includes at least a first circular tube (18), a second circular tube (battery chamber shown on leftmost side of 26; figure 9) and the chamber (rightmost side of 26; figure 9).
With regards to claim 11, a battery compartment (61) positioned adjacent and behind the chamber (rightmost side of 26; figure 9), and within the distal end of second circular tube (battery chamber shown on leftmost side of 26; figure 9).
With regards to claim 13, an axle connecting the axle head and the utility portion and housed in the first circular tube and being sufficiently long to reach and provide rotational drive to the utility potion (figure 9).
With regards to claim 18, Ramsey teaches all the essential elements of the claimed invention however fails to teach that a compartment for batteries is housed in the grip portion providing power to the motor. Irpino teaches a compartment for batteries in the grip (col. 2, lines 24-26) with electrical lines connecting a switch, batteries and drive mechanism (col. 2, lines 47-51). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ramsey so that there is a compartment for batteries in the grip portion as taught by Irpino since changing the location of parts is a modification that has been considered to be within the level of ordinary skill in the art. MPEP 2144.04. Changing the location of the batteries would not alter or modify the function of the device.
With regards to claim 20, electric wires connecting and extending from the switch, the batteries and the drive mechanism within and along the connecting portion (figure 9 shows electrical lines extending from the switch, the motor and the batteries).
Claim(s) 3 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Ramsey (‘173) and Irpino (‘417).
Ramsey and Irpino teach all the essential elements of the claimed invention however fail to teach that the utility portion has a width or diameter from 1-4cm and the core has a length of at least 12cm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ramsey so that the utility portion has a diameter and length as claimed since the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device. A device having the claimed relative dimensions would not perform differently than the prior art device and therefore the claimed device is not patentable.
Claim(s) 4 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Ramsey (‘173) and Irpino (‘417) in view of Hoadley (PGPub 20060228161).
Ramsey and Irpino teach all the essential elements of the claimed invention however fail to teach that the brushing filaments assume the form of a sock enveloping the core member and are removably securable to the core member. Hoadley teaches a brush sock (28) that is fit over a core member (26) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ramsey so that the brush was a sock type member that fit over the core as taught by Hoadley to allow for quick replacement of the brushing filaments without needing to replace the entire utility portion.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The applicant amended claim 1 to include several limitations that required further search and/or consideration.
In the applicant’s arguments, the applicant argues that Ramsey does not teach the position of the drive mechanism and the location of the switch, however it appears that the applicant is referring to the incorrect reference because the applicant uses incorrect reference numbers and figure numbers when referring to Ramsey.
The rejections with regards to Manning and Dayton are withdrawn. A new rejection was made however by combining the Ramsey and Irpino reference. Ramsey teaches the claimed drive mechanism but is silent as to the gear box, which the Irpino reference is relied upon for.
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 SHAY LYNN KARLS whose telephone number is (571)272-1268. The examiner can normally be reached M-Th (6am-5pm).
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/SHAY KARLS/ Primary Examiner, Art Unit 3723