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 Objections
Claims 2, 6, 11 objected to because of the following informalities:
Claims 2 and 11: In the second lines, both recite “the adhesive is exposed and remains flush with the shape with the shape of the dustpan pan.” Claims 1 and 10 recite “a concave shaped pan” and “a rotatable bucket shaped receptacle.” As a “shape” hasn’t been clearly recited, it should be preceded by “a” in order to establish antecedence. If there is a particular structure the applicant wishes focus upon the adhesives being flush with (i.e. a particular surface or adjacent structure), the claim would be more effective if such were recited.
Claim 6 : The claim recites in part “a plurality of adhesive strips on the surface of the dustpan.” As a “dustpan” hasn’t been recited, it should be preceded by “a” in order to establish antecedence. Additionally, there are many surfaces on the dustpan. If there is a particular surface the applicant wishes focus upon the adhesives being mounted upon, the claim would be more effective if such were recited.
Appropriate correction is required.
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) 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hochberg (US PG Pub No. 20210137344) in view of Hong (US PG Pub No. 20040074908).
In regards to claim 1, Hochberg discloses
a dustpan (adhesive dustpan 100, fig. 1-11) with reusable adhesives (dustpan pad 800, fig. 8-11; [0067-0070]) comprising of
[0067] In example embodiments, dustpan pad 800 may comprise an adhesive layer 808 so that dust and debris that is, for example, swept onto the adhesive layer 808 may stick to the adhesive layer 808. Dust and debris may be swept onto the adhesive layer 808. The adhesive layer 808 may therefore be made of an appropriate stickiness (adhesion) for collecting dust and debris. For example, adhesive layer 808 may have an adhesion of a minimum of 20 oz/in or up to an average of 30 oz/in. Adhesive layer 808 may further be an alternative level of stickiness. Once contaminated with dust and debris, the top adhesive sheet 812 of dustpan pad 800 to which dust or debris or both may be adhered to may be removed and disposed.
[0068] With reference to FIGS. 10-11, dustpan pad 800 may comprise a plurality of removable dustpan sheets that are arranged in an aligned stack, such as example sheets 812 and 814. Top sheet 812 may be removable from lower sheet 814. A user may grip one of tabs 802, 804 or 806a and withdraw top sheet 812 from lower sheet 814. Top sheet 812 may be withdrawn from lower sheet 814 and disposed of while dustpan pad 800 is inserted into dustpan 100, for example, after sufficient dust and debris has been swept onto adhesive layer 808 such that little or no more dust and debris can stick to top sheet 812…
[0069] In some examples, one or more of the plurality of sheets 812, 814 may be coated with an adhesion prophylactic on an opposite facing surface (for example a bottom side surface) than adhesive layer 808 to limit a top dustpan sheet from sticking to the sheet below it…
a concave shaped pan (at least right-side wall 104, left side wall 108, rear-side wall 106, and upper surface 103 of base 102; fig. 1-11), handle (handle 116, fig. 1-11), rubber bumper (element 120; [0062]: may be made of a rubber or another suitable material), and a plurality of embedded adhesives (dustpan pad 800, fig. 8-11; [0067-0070]).
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Hochberg discloses an adhesive pad with a plurality of sheets, but fails to disclose them as “strips”. Hong, which is a paint tray, discloses a plurality of adhesive strips arranged in apertures on the interior of the pan.
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[0033]… Such longitudinal alignment of the slot shaped apertures 40 permits maximum exposure of the adhesive surface 52 of the tape 50 to the interior surface 20a of the main body member 20.
[0034] In use, an adhesive back tape 50, such as masking tape, is adhered to the exterior surface 20b of the main body member 20 of the paint tray 10 along the slot shaped apertures 40, as can be best seen in FIGS. 8 through 13. The adhesive surface 52 of the tape 50 faces the interior of the paint tray 10, and can be contacted from the interior of the paint tray 10, as permitted by the slot shaped apertures 40.
[0035] Also in use, the thin and pliable paint tray liner bag 30 having a mouth 31 is placed over the main body member 20… The paint tray liner bag 30 is pressed down such that it adheres to the adhesive surface 52 of the tape 50 at the plurality of slot shaped apertures 40, thus causing the paint tray liner bag 30 to essentially take the shape of the main body member 20, as can be best seen in FIG. 15. Further, the paint tray liner bag 30 is precluded from moving around, when a paint roller is "picking up" paint from the paint tray 10.
Hochberg is analogous to the claimed invention because it discloses a, adhesive dustpan sheet and dustpan assembly for collecting dust and debris is disclosed.
Hong is considered analogous to the claimed invention because it addresses the same problem of adhering a bag through adhesive strips to a concave-shaped pan receptacle.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dustpan of Hochberg by a simple substitution, replacing a single adhesive sheet with a plurality of strips as taught by Hong, producing the predictable result of providing adhesive surfaces which can attract and hold objects, whether a bag or debris swept into the pan.
Examiner’s Note:
Embed is being understood as to fix an object firmly and deeply in a surrounding mass (Cambridge dictionary definition).”
In regards to claim 2, Hochberg as modified discloses
the dustpan with reusable adhesive strips comprising of the concave shaped pan, handle, rubber bumper, and the plurality of embedded strips as in claim 1, wherein the reusable adhesive strips (as taught by Hong) are embedded in such a way that only the top of the adhesive is exposed and remains flush with the shape of the dustpan (see fig. 4 – ann. 1).
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Examiner’s Note:
The limitation is being understood as the top of the adhesive is exposed and the top of the adhesive remains flush with the concave shape of the dustpan.
In regards to claim 3, Hochberg as modified discloses
the dustpan with reusable adhesive strips comprising of the concave shaped pan, handle, rubber bumper, and the plurality of embedded strips as in claim 1, wherein two embedded reusable adhesive strips (as taught by Hong) run horizontally (see Hong fig. 14 - ann. 1; the pad of Hochberg runs horizontally, covering the pan from the right-side wall 104 to the left side wall 108 ) in the interior of the concave shaped pan.
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In regards to claim 4, Hochberg as modified discloses
the dustpan with reusable adhesive strips comprising of the concave shaped pan, handle, rubber bumper, and the plurality of embedded strips as in claim 3, wherein one embedded reusable adhesive strip (as taught by Hong) runs horizontally in the interior of the concave shaped pan near the handle whereas the second embedded adhesive strip (as taught by Hong) runs horizontally in the interior of the concave shaped pan near the rubber bumper (Hong fig. 14 – ann. 2).
Pursuant of MPEP 2144.04-VI.C, (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)) arranging the adhesive of Hochberg would not have modified the operation of the device and is held to be an obvious matter of design choice.
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Examiner’s Note:
As Hong teaches a plurality of strips, with space between them, at least one of them will be “closer” to one end, and the other closer to the opposing end.
In regards to claim 5, Hochberg as modified discloses
the dustpan with reusable adhesive strips comprising of the concave shaped pan, handle, rubber bumper, and the plurality of embedded strips as in claim 1. Further, Hong teaches “a plurality of vertical embedded reusable adhesive strips connect in such a way to either form an outer perimeter of embedded adhesive strips or a grid pattern of embedded adhesive strips (see Hong fig. 8 – ann. 1).”
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Pursuant of MPEP 2144.04-VI.C, (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)) arranging the adhesive of Hochberg would not have modified the operation of the device and is held to be an obvious matter of design choice.
In regards to claim 6, Hochberg discloses
a dustpan (adhesive dustpan 100, fig. 1-11) with reusable adhesives (dustpan pad 800, fig. 8-11; [0067-0070]) comprising of a concave shaped pan, handle (handle 116, fig. 1-11), rubber bumper (element 120; [0062]: may be made of a rubber or another suitable material), and a plurality of adhesives (dustpan pad 800, fig. 8-11; [0067-0070]) on the surface of the dustpan.
[0065] FIG. 4 is an example of a top view of dustpan 100, with an example of a dustpan pad 800 positioned on an upper surface 103 of the base 102.
Hochberg discloses an adhesive pad with a plurality of sheets, but fails to disclose them as “strips”. Hong, which is a paint tray, discloses a plurality of adhesive strips arranged in apertures on the interior of the pan.
[0033]… Such longitudinal alignment of the slot shaped apertures 40 permits maximum exposure of the adhesive surface 52 of the tape 50 to the interior surface 20a of the main body member 20.
[0034] In use, an adhesive back tape 50, such as masking tape, is adhered to the exterior surface 20b of the main body member 20 of the paint tray 10 along the slot shaped apertures 40, as can be best seen in FIGS. 8 through 13. The adhesive surface 52 of the tape 50 faces the interior of the paint tray 10, and can be contacted from the interior of the paint tray 10, as permitted by the slot shaped apertures 40.
[0035] Also in use, the thin and pliable paint tray liner bag 30 having a mouth 31 is placed over the main body member 20… The paint tray liner bag 30 is pressed down such that it adheres to the adhesive surface 52 of the tape 50 at the plurality of slot shaped apertures 40, thus causing the paint tray liner bag 30 to essentially take the shape of the main body member 20, as can be best seen in FIG. 15. Further, the paint tray liner bag 30 is precluded from moving around, when a paint roller is "picking up" paint from the paint tray 10.
Hochberg is analogous to the claimed invention because it discloses a, adhesive dustpan sheet and dustpan assembly for collecting dust and debris is disclosed.
Hong is considered analogous to the claimed invention because it addresses the same problem of adhering a bag through adhesive strips to a concave-shaped pan receptacle.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dustpan of Hochberg by a simple substitution, replacing a single adhesive sheet with a plurality of strips as taught by Hong, producing the predictable result of providing adhesive surfaces which can attract and hold objects, whether a bag or debris swept into the pan.
In regards to claim 7, Hochberg as modified discloses
the dustpan with reusable adhesive strips comprising of a concave shaped pan, handle, rubber bumper, and a plurality of adhesive strips (as taught by Hong) on the surface of the dustpan as in claim 6, wherein two reusable adhesive strips (as taught by Hong) run horizontally (see Hong fig. 14 - ann. 1; the pad of Hochberg runs horizontally, covering the pan from the right-side wall 104 to the left side wall 108 ) in the interior of the concave shaped pan.
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In regards to claim 8, Hochberg as modified discloses
the dustpan with reusable adhesive strips comprising of a concave shaped pan, handle, rubber bumper, and a plurality of adhesive strips on the surface of the dustpan as in claim 6, wherein one embedded reusable adhesive strip (as taught by Hong) runs horizontally in the interior of the concave shaped pan near the handle whereas the second embedded adhesive strip (as taught by Hong) runs horizontally in the interior of the concave shaped pan near the rubber bumper (Hong fig. 14 – ann. 2).
Pursuant of MPEP 2144.04-VI.C, (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)) arranging the adhesive of Hochberg would not have modified the operation of the device and is held to be an obvious matter of design choice.
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Examiner’s Note:
As Hong teaches a plurality of strips, with space between them, at least one of them will be “closer” to one end, and the other closer to the opposing end.
In regards to claim 9, Hochberg as modified discloses
the dustpan with reusable adhesive strips comprising of a concave shaped pan, handle, rubber bumper, and a plurality of adhesive strips on the surface of the dustpan as in claim 6. Further, Hong teaches “a plurality of vertical embedded reusable adhesive strips connect in such a way to either form an outer perimeter of embedded adhesive strips or a grid pattern of embedded adhesive strips (see Hong fig. 8 – ann. 1).”
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Pursuant of MPEP 2144.04-VI.C, (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)) arranging the adhesive of Hochberg would not have modified the operation of the device and is held to be an obvious matter of design choice.
In regards to claim 10, Hochberg discloses
a dustpan (adhesive dustpan 100, fig. 1-11) with reusable adhesives (dustpan pad 800, fig. 8-11; [0067-0070]) comprising of a rotatable bucket shaped receptacle (base 102 with at least right-side wall 104, left side wall 108, rear-side wall 106, and upper surface 103 of base 102; fig. 1-11), an elongated handle (handle 116, fig. 1-11), rubber bumper (element 120; [0062]: may be made of a rubber or another suitable material), and a plurality of embedded reusable adhesives (dustpan pad 800, fig. 8-11; [0067-0070]).
Hochberg discloses an adhesive pad with a plurality of sheets, but fails to disclose them as “strips”. Hong, which is a paint tray, discloses a plurality of adhesive strips arranged in apertures on the interior of the pan.
[0033]… Such longitudinal alignment of the slot shaped apertures 40 permits maximum exposure of the adhesive surface 52 of the tape 50 to the interior surface 20a of the main body member 20.
[0034] In use, an adhesive back tape 50, such as masking tape, is adhered to the exterior surface 20b of the main body member 20 of the paint tray 10 along the slot shaped apertures 40, as can be best seen in FIGS. 8 through 13. The adhesive surface 52 of the tape 50 faces the interior of the paint tray 10, and can be contacted from the interior of the paint tray 10, as permitted by the slot shaped apertures 40.
[0035] Also in use, the thin and pliable paint tray liner bag 30 having a mouth 31 is placed over the main body member 20… The paint tray liner bag 30 is pressed down such that it adheres to the adhesive surface 52 of the tape 50 at the plurality of slot shaped apertures 40, thus causing the paint tray liner bag 30 to essentially take the shape of the main body member 20, as can be best seen in FIG. 15. Further, the paint tray liner bag 30 is precluded from moving around, when a paint roller is "picking up" paint from the paint tray 10.
Hochberg is analogous to the claimed invention because it discloses a, adhesive dustpan sheet and dustpan assembly for collecting dust and debris is disclosed.
Hong is considered analogous to the claimed invention because it addresses the same problem of adhering a bag through adhesive strips to a concave-shaped pan receptacle.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dustpan of Hochberg by a simple substitution, replacing a single adhesive sheet with a plurality of strips as taught by Hong, producing the predictable result of providing adhesive surfaces which can attract and hold objects, whether a bag or debris swept into the pan.
Examiner’s Note:
Applicant’s recitation of “bucket shaped” is being interpreted based upon the drawings. As the dustpans within the provided figures all appear to have the generally recognizable dustpan shape, “bucket shaped” is being understood as represented by the figures, and another way to describe a concave shape that is capable of receiving trash and debris.
The limitation of being rotatable is understood as “being able to be rotated.” As the dustpan is hand held, a skilled artisan would recognize the user would be able to maneuver the dust pan as needed, including rotating the pan, which includes the receptacle.
In regards to claim 11, Hochberg as modified discloses
the dustpan with reusable adhesive strips comprising of the rotatable bucket shaped receptacle, elongated handle, rubber bumper, and the plurality of embedded reusable adhesive strips (as taught by Hong) as in claim 10, are embedded in such a way that only the top of the adhesive is exposed and remains flush with the shape of the dustpan (see fig. 4 – ann. 1).
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Examiner’s Note:
The limitation is being understood as the top of the adhesive is exposed and the top of the adhesive remains flush with the concave shape of the dustpan.
In regards to claim 12, Hochberg as modified discloses
the dustpan with reusable adhesive strips comprising of the rotatable bucket shaped receptacle, elongated handle, rubber bumper, and the plurality of embedded reusable adhesive strips as in claim 10, wherein two embedded reusable adhesive strips (as taught by Hong) run horizontally (see Hong fig. 14 - ann. 1; the pad of Hochberg runs horizontally, covering the pan from the right-side wall 104 to the left side wall 108 ) in the interior of the rotatable bucket shaped receptable.
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In regards to claim 13, Hochberg as modified discloses
the dustpan with reusable adhesive strips comprising of the rotatable bucket shaped receptacle, elongated handle, rubber bumper, and the plurality of embedded reusable adhesive strips as in claim 10. Further, Hong teaches “a plurality of vertical embedded reusable adhesive strips connect in such a way to either form an outer perimeter of embedded adhesive strips or a grid pattern of embedded adhesive strips (see Hong fig. 8 – ann. 1)” into the interior of the bucket shaped receptacle.
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Pursuant of MPEP 2144.04-VI.C, (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)) arranging the adhesive of Hochberg would not have modified the operation of the device and is held to be an obvious matter of design choice.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KHALIL HAWKINS whose telephone number is (571)272-5446. The examiner can normally be reached M-F; 8-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON KHALIL HAWKINS/Examiner, Art Unit 3723