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 .
This Office Action acknowledges the applicant’s amendment filed on 02/25/2025. Claims 1-5 and 8-15 are pending in the application. Claims 6-7 are cancelled.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
Claim Rejections - 35 USC § 102
Claim(s) 10-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Flores, Jr. et al. US 6,155,417.
With regards to claim 10, Flores, Jr. discloses an insert 25 comprising: a flat bottom wall 37 thereof, retaining feature 34a/34e extending from the bottom wall for securing one of some cleaning tools; and push lever 28/29 formed in the bottom wall adjacent to the retaining feature, the push lever adapted to be manually deflected to engage and dislodge the one of some cleaning tools from the retaining feature, depending of the cleaning tools to be held. (Col 5:21-28)
The insert of Flores, Jr. is capable of holding a cleaning tool and the push lever is capable of being adapted to manually deflect to engage and dislodge some cleaning tool from the retaining feature, depending on the tools to be held, as shown and supported by prior art Koch US 2002/0174957 A1 (Para. 0048 and Fig. 1). Therefore, such a limitation is considered an intended use.
With regards to claim 11, Flores, Jr. discloses the push lever 28/29 pivots from the bottom wall 37 towards the retaining feature. (Fig. 7 and Col 5:21-45)
To have the insert hold a cleaning tool is considered to be intended use and the insert of Flores, Jr. is capable of holding cleaning tools, depending on the tool to be held. See claim 1 for support for the claim.
With regards to claim 12, Flores, Jr. discloses the retaining feature 34a/34e is an integral pair of opposed tabs extending from the bottom wall 37 and adapted to restrictively retain the one of some cleaning tools there between. (Fig. 9)
To have the insert hold a cleaning tool is considered to be intended use and the insert of Flores, Jr. is capable of holding cleaning tools, depending on the tool to be held. See claim 1 for support for the claim.
With regards to claim 13, Flores, Jr. discloses the retaining feature 34a/34e and the push lever 28/29 are integrally formed into the bottom wall 37.
To have the insert hold a cleaning tool is considered to be intended use and the insert of Flores, Jr. is capable of holding cleaning tools, depending on the tool to be held. See claim 1, for support for the claim.
With regards to claim 14, Flores, Jr. discloses an annular loop 35/36 extending from the bottom wall 37 for enclosing a portion of some cleaning tool. (Fig. 6)
To have the insert hold a cleaning tool is considered to be intended use and the insert of Flores, Jr. is capable of holding cleaning tools, depending on the tool to be held. See claim 1, for support for the claim.
With regards to claim 15, Flores, Jr. discloses the bottom wall has an opening 30 there through for accessing the cleaning tool. (Fig. 6 and 7)
To have the insert hold a cleaning tool is considered to be intended use and the insert of Flores, Jr. is capable of holding cleaning tools, depending on the tool to be held. See claim 1, for support for the claim.
Allowable Subject Matter
Claims 1-5 and 8-9 appears to void the prior art of record, in the Examiner’s opinion. With regards to Flores US 6,155,417, it does not include a first and second removable inserts included in an interior of a case with an elongated strap. With regards to the prior art Hallee et al. US 2004/0144671 A1, it does not disclose the retaining feature and the lever formed on the back wall.
Response to Arguments
Applicant’s arguments, see Remarks, filed 2/25/2025, with respect to the rejection(s) of claim(s) 10-15 under Williams US 7,841,472 B1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Flores, Jr. et al. US 6,155,417.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE PAGAN whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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/JENINE PAGAN/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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