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
Claim 6 is objected to because of the following informalities:In line 1, “claim1” should read –claim 1 --. Appropriate correction is required.
Claim 9 is objected to because of the following informalities:In line 1, “claim1” should read –claim 1 --. Appropriate correction is required.
Drawings
The drawings are objected to because the drawings need to provide more reference numerals to make the invention understandable for the public: Fig. 9 and 10 should include reference numeral 34Fig. 11 should include reference numeral 36 and 361Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 2 recites “an end part of the first tooth row or the second tooth row is provided with a rotatable part, and the rotatable part is provided with a guide surface inclined toward a central axis of the rotatable part so that the first tooth row and the second tooth row can rotate relative to each other when the first tooth row or the second tooth row contacts the rotatable part of the second tooth row or the first tooth row”.
The specification does not adequately explain the rotatable part and how this part allows the first tooth row and the second tooth row can rotate relative to each other when the first tooth row or the second tooth row contacts the rotatable part of the second tooth row or the first tooth row in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Analysis of the Wands factors:(A) The breadth of the claims;
Claims recite “an end part of the first tooth row or the second tooth row is provided with a rotatable part, and the rotatable part is provided with a guide surface” The claims seem to imply that the rotatable part is somehow separate from a respective tooth row and must be able to rotate somehow since the name of the component is rotatable part. The only structure claimed is a guide surface inclined toward a central axis of the rotatable part and that it is an end part of one of the tooth rows.
(B) The nature of the invention;The specification does not specifically explain what the rotatable part is. In fact, the guide surface which is supposedly on the rotatable part is merely on the edge of the actual teeth of the tooth row (see 3411 in Fig. 9 which is the chamfered edge of the teeth in the first tooth row 341). Therefore, there does not seem to be a rotatable part per se. It is not clear if this is a translation issue. It is also not clear how an inclined edge can be considered to be “a rotatable part” since it cannot rotate but rather the entire gear would be what rotates. Thus, it is unclear to describe a rotatable part as being something that is allowing the gear to rotate.
(C) The state of the prior art;
In reviewing prior art there does not seem to be any other use of this terminology of a rotatable part. It is however known to have chamfered edges of gears.
(D) The level of one of ordinary skill;
One of ordinary skill in the art would know how gears interact in a pivoting connection such as in this invention. However, one of ordinary skill in the art would not understand the concept of a rotating part as explained in the specification since there is no clear explanation or drawing of what this part actually is.
(E) The level of predictability in the art;
In reviewing prior art there does not seem to be any other use of this terminology of a rotatable part. It is however known to have chamfered edges of gears.
(F) The amount of direction provided by the inventor;
The description in the specification does not adequately explain the rotatable part as discussed in (B) above. The drawings do not point to this rotatable part in the drawings and only reference the inclined edge of the tooth row.
(G) The existence of working examples; In reviewing prior art there does not seem to be any other use of this terminology of a rotatable part. It is however known to have chamfered edges of gears.and (H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.As described for (B) above, the guide surface which is supposedly on the rotatable part is merely on the edge of the actual teeth of the tooth row (see 3411 in Fig. 9 which is the chamfered edge of the teeth in the first tooth row 341). Therefore, there does not seem to be a rotatable part per se. It is not clear if this is a translation issue. It is also not clear how an inclined edge can be considered to be “a rotatable part” since it cannot rotate but rather the entire gear would be what rotates. Thus, it is unclear to describe a rotatable part as being something that is allowing the gear to rotate.It appears through this analysis that “a rotatable part” does not have support in the specification for one of ordinary skill in the art to make and/or use the invention. It seems that the gearing/tooth rows having an inclined edge is what allows the gears to rotate once the adjusting piece is pushed to separate the gears/tooth rows from each other enough such that they can rotate on their own once the teeth aren’t interlocked with each other. As it stands, the claim language is indefinite and the scope is unclear.
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.
Claims 2 is/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 2 recites “an end part of the first tooth row or the second tooth row is provided with a rotatable part, and the rotatable part is provided with a guide surface inclined toward a central axis of the rotatable part so that the first tooth row and the second tooth row can rotate relative to each other when the first tooth row or the second tooth row contacts the rotatable part of the second tooth row or the first tooth row”. As discussed in the 112a rejection above, it is unclear what the rotatable part is and its relation to the tooth rows. The specification does not adequately explain the rotatable part and how this part allows the first tooth row and the second tooth row can rotate relative to each other when the first tooth row or the second tooth row contacts the rotatable part of the second tooth row or the first tooth row in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The scope is thus unclear.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-6, 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey (CA 3224711) in view of Moore (US 7,600,287).
Re Claim 1, Ramsey discloses a rotatable adjusting cleaner, characterized by comprising a brush head mounting handle 26, a rotational handle 74 rotatably connected to the brush head mounting handle, and a rotational adjusting mechanism 88 provided between the brush head mounting handle and the rotational handle, wherein the rotational adjusting mechanism comprises an adjusting tooth, an adjusting piece 98 abutting against the adjusting tooth, and a cooperating tooth provided on the brush head mounting handle and used in cooperation with the adjusting tooth; the adjusting tooth is provided with a first tooth row, and the cooperating tooth is provided with a second tooth row used in cooperation with the first tooth row to tightly clamp the adjusting tooth (Fig. 1-8; page 8). Ramsey does not disclose the rotational adjusting mechanism comprises an adjusting cavity provided on the rotational handle at one end connected to the brush head mounting handle, an adjusting tooth provided in the adjusting cavity, an adjusting piece abutting against the adjusting tooth, and a cooperating tooth provided on the brush head mounting handle and used in cooperation with the adjusting tooth; the adjusting tooth is movable in the adjusting cavity under a pressing of the adjusting piece, and the rotational adjusting mechanism further comprises a restoring elastic member for restoring the adjusting tooth so that the adjusting tooth is engaged with the cooperating tooth. However, Moore teaches a rotational adjusting mechanism comprises an adjusting cavity provided on a rotational handle 22 at one end connected to a brush head mounting handle 16/15, an adjusting tooth 17 provided in the adjusting cavity, an adjusting piece 18 abutting against the adjusting tooth, and a cooperating tooth 24’ provided on the brush head mounting handle and used in cooperation with the adjusting tooth; the adjusting tooth is provided with a first tooth row 25, and the cooperating tooth is provided with a second tooth row 24’ used in cooperation with the first tooth row to tightly clamp the adjusting tooth; the adjusting tooth is movable in the adjusting cavity under a pressing of the adjusting piece, and the rotational adjusting mechanism further comprises a restoring elastic member 19 for restoring the adjusting tooth so that the adjusting tooth is engaged with the cooperating tooth (Fig. 4-6; col. 2-3). It would be obvious to one of ordinary skill in the art to utilize a rotational adjusting mechanism with this configuration, as taught by Moore, for the purpose of providing a reliable pivoting connection which allows easy locking at desired angles and easy disconnection to move to a different angle when needed during operation.
Re Claim 2, as best understood, Moore teaches an end part of the first tooth row or the second tooth row is provided with a rotatable part, and the rotatable part is provided with a guide surface inclined toward a central axis of the rotatable part so that the first tooth row and the second tooth row can rotate relative to each other when the first tooth row or the second tooth row contacts the rotatable part of the second tooth row or the first tooth row (Fig. 4-6).
Re Claim 3, Moore teaches a side wall of the adjusting cavity is provided with a guide arm (interior stepped edge of 26), and the adjusting tooth is provided with a guide groove (area between teeth 25) used in cooperation with the guide arm (Fig. 6).
Re Claim 4, Moore teaches an abutment groove is provided at one end of the adjusting tooth 17 toward the adjusting piece 18, and an end part of the adjusting piece can abut in the abutment groove (Fig. 5-6).
Re Claim 5, Moore teaches the brush head mounting handle is provided with an arc-shaped turning groove 27’, and the rotational handle is provided with a turning piece 20 inserted into the arc-shaped turning groove (Fig. 5-6).
Re Claim 6, Ramsey discloses a mounting seat 66 is provided at one end of the brush head mounting handle away from the rotational handle, and a brush head 16 is detachably mounted to the mounting seat (Fig. 6).
Re Claim 8, Ramsey discloses a rotational motor 62 is mounted in the brush head mounting handle, and the mounting seat is connected to an output end of the rotational motor (page 7; fig. 9).
Re Claim 9, Ramsey discloses the rotatable adjusting cleaner further comprises an extension rod 12 detachably connected to the rotational handle, and the extension rod comprises multiple sections of sequentially connected telescopic tubes that can expand and retract (Fig. 1, 6).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey in view of Moore, in further view of Eckart (DE3615918, machine translation relied on).
Re Claim 7, Ramsey does not disclose a fastener groove is provided on the mounting seat; a fastener having elasticity is provided on the fastener groove, the brush head is provided with a mounting cavity, and the mounting seat is inserted into the mounting cavity and fixed in the mounting cavity by interference fit of the fastener. Eckart teaches a fastener groove is provided on a mounting seat 4; a fastener 42 having elasticity is provided on the fastener groove, a brush head 15 is provided with a mounting cavity 47, and the mounting seat is inserted into the mounting cavity and fixed in the mounting cavity by interference fit of the fastener (Fig. 1-4b; page 2-3). It would be obvious to one of ordinary skill in the art to utilize this connection configuration, as taught by Eckart, for the purpose of providing a secure connection using known technologies and reliable attachment.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey in view of Moore, in further view of Muzzi (WO 2007010357 A2).
Re Claim 10, Ramsey discloses a handle is provided on the telescopic tube away from the rotational handle, and the handle is rotatably connected to the telescopic tube away from the rotational handle but does not disclose a rotational damping assembly. Muzzi teaches a handle with a rotational damping assembly (abstract). It would be obvious to one of ordinary skill in the art to utilize a rotational damping assembly, as taught by Muzzi, for the purpose of providing reduction in mechanical stresses transmitted along said handle and making it easier to hold during cleaning tasks.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN J WALTERS whose telephone number is (571)270-5429. The examiner can normally be reached M-F 9am-5pm EST.
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/Ryan J. Walters/Primary Examiner, Art Unit 3799