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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 24-26, 29-30 and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Loveless (US 2008/0109986).
Regarding claim 24, Loveless discloses a cleaning head 10, wherein the cleaning head includes a body 14, at least one suction aperture 34, wherein during use the at least one suction aperture is in fluid communication with a suction region 30 adjacent the body, at least one support arm 22, wherein each support arm is operatively connected to the body at a respective junction 48, extends from the respective junction, at least one cleaning element 26, wherein each cleaning element is in fixed operative connection with a respective support arm (Fig. 2-4; fixed via fastener 28), is spaced away from the respective junction 48 of the respective support arm 22 such that the junction is disposed in an operatively forward direction of the cleaning element (Fig. 2-4; "forward" is understood to refer to a feature or part of the cleaning head that is closest or proximal to the suction aperture).
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Applicant should note a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
The cleaning head of Loveless is capable of use with a marine cleaning system that is usable to clean a liquid submerged surface; is capable of being be movable in disposed adjacent relation relative to the submerged surface, and capable of to engaging the submerged surface and to cause material on the submerged surface to separate from the submerged surface and become suspended in the suction region (defined by shroud 30) responsive to body movement adjacent and in the operatively forward direction relative to the submerged surface, wherein material separated from the submerged surface is enabled to be drawn away from the suction region and through the at least one suction aperture (Par. 0021: The vacuum shroud 30 directs the vacuum generated air flow around both sides of the blade so as to aid in collecting dust and debris from both sides of the blade while using the scraper 10”).
Regarding claim 25, Loveless further discloses wherein the body is substantially tubular (as shown in Figure 4), wherein the at least one suction aperture comprises one suction aperture 54 positioned at a first end of the body, and wherein the body further includes an open mouth 30 at a second end of the body opposed of the first end (Fig. 1, 3, 4).
Regarding claim 26, Loveless further discloses wherein the body is substantially tubular and bounds a body interior area, wherein the at least one suction aperture comprises one suction aperture 54 positioned at a first end of the body interior area, and wherein the body further includes an open mouth 30 at a second end of the body interior area opposed of the first end, wherein the mouth 30 has a greater cross sectional area than the one suction aperture such that the body interior area is convergent from the second end toward the first end (Fig. 1, 3, 4).
Regarding claim 29, Loveless further discloses wherein each at least one cleaning element 26 comprises a scraper body, and a scraper blade, wherein the scraper blade is either an integral part of the scraper body (Par. 0020: Fig. 5).
Regarding claim 30, Loveless further discloses wherein each cleaning element has a flat planar shape (Fig. 1).
Regarding claim 34, Loveless further discloses wherein the cleaning head further includes opposed channels 42 (Fig. 3), wherein the opposed channels extend on opposed transverse sides of the body, and intermediate along the operatively forward direction of a respective cleaning element and the body, wherein each channel is configured to enable liquid flow from the suction region toward the at least one suction aperture (Par. 0022).
Allowable Subject Matter
Claims 27-28, 31-33, 35-43 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 44-54 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior art of record (as applied above) fails to disclose or render obvious an apparatus (and method; regarding independent claim 49) comprising: a cleaning head configured for use with a marine cleaning system specifically in combination with each support arm is flexibly operatively connected with the body at a respective connection location, at least one scraper blade wherein the flexible connection of the support arm causes a distance of the respective scraper blade away from the body to be variable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA E FREEMAN whose telephone number is (303)297-4269. The examiner can normally be reached 9AM - 5PM MST M-F.
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/JOSHUA E FREEMAN/Primary Examiner, Art Unit 3641