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 .
Title Objections
The Title of the invention is objected to because of the following informalities:Title should better reflect the claimed invention such as Combination Dustpan and Brush, or similar. Appropriate correction is required.
Claim Objections
Claim 13 is objected to because of the following informalities:“over-moulded the body” appears to be missing a word such as “onto”. Appropriate correction is required.
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.
Claims 13, 18 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 13 recites the limitation "increased and/or reduced flexibility material (34,35)". There is insufficient antecedent basis for this limitation in the claim. This language should be amended to be consistent with claim 2.
Claim 18 recites the limitation “the first end is rigid to provide a shovel or cutting tool”. It is unclear if this is meant to state that the first end acts as a shovel or cutting tool, or if this is functionally claiming a separate shovel or cutting tool.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Evancha (US 3,082,455) in view of Shippen (US 9,538,895).
Re Claim 1-3, 13, as best understood, Evancha discloses a cleaning tool comprising: a body 20 or 24 and upstanding side walls, the body and side walls defining a channel to collect debris, the side walls comprising retaining means 22 configured to retain a brush in use; the channel comprising a first end axially spaced from a second end (Fig. 5-8; col. 2, lines 31-72). Evancha does not disclose one of the first end and/or second end comprises a different flexibility than the channel, the first end comprises a portion of reduced flexibility material to provide a reduced flexibility at the first end, the reduced flexibility material comprises a rigid polymer, where increased and/or reduced flexibility material is over-moulded the body. However, Shippen teaches a cleaning tool 150 where one of the first end and/or second end comprises a different flexibility than the channel, the first end comprises a portion of reduced flexibility material 158 to provide a reduced flexibility at the first end, the reduced flexibility material comprises a rigid polymer, where increased and/or reduced flexibility material is over-moulded the body (Fig. 2; col. 4, lines 1-20). It would be obvious to one of ordinary skill in the art to utilize reduced flexibility material over-moulded the body, as taught by Shippen, for the purpose of to help seal dustpan to the floor as materials are guided into the dustpan (col. 4, lines 1-20).
Re Claim 4, Evancha discloses the second end comprises a reduced bending resistance to provide an increased flexibility at the second end (Fig. 5-6; col. 2, lines 31-72).
Re Claim 5, Evancha discloses a height dimension of the upstanding side walls varies along the axial direction (Fig. 5-6; col. 2, lines 31-72).
Re Claim 6, Evancha discloses height dimension of the upstanding side walls tapers at the first end and/or second end (Fig. 5-6; col. 2, lines 31-72).
Re Claim 7, Evancha discloses a width dimension of the first end is less than a width dimension of the second end (Fig. 5-6, 2; col. 2, lines 31-72).
Re Claim 8, Evancha discloses the width of the channel tapers along the axial length thereof (Fig. 5-6, 2; col. 2, lines 31-72).
Re Claim 9, Evancha discloses the width of the channel converges toward the first end (Fig. 5-6, 2; col. 2, lines 31-72).
Re Claim 10, Evancha discloses the side wall comprises an overhang or protrusion to provide said retaining means (Fig. 5-6, 2; col. 2, lines 31-72).
Re Claim 11, Evancha discloses a base extending between the side walls, the base being concave in two orthogonal dimensions (Fig. 5-6, 2; col. 2, lines 31-72).
Re Claim 12, Evancha discloses the side walls and body are collectively U-shaped in profile about the axial direction (Fig. 5-6, 2; col. 2, lines 31-72).
Re Claim 14, Evancha discloses the side wall comprises a grip member 19 (para. connecting col. 1-2).
Re Claim 15, Evancha discloses the grip member is provided at an edge of the side wall (para. connecting col. 1-2).
Re Claim 16, Evancha discloses the side walls are semi-flexible to allow a user to vary the width of the channel in use (Fig. 5-6, 2; col. 2, lines 31-72).
Re Claim 17, Evancha discloses the first end and/or second end comprises a leading edge facing the axial direction (Fig. 5-6, 2; col. 2, lines 31-72).
Re Claim 18, as best understood, Evancha discloses the first end is rigid to provide a shovel or cutting tool (Fig. 5-6, 2; col. 2, lines 31-72).
Re Claim 19, Evancha discloses a combination cleaning tool comprising: a dustpan 20 or 24 (Fig. 5-8, 2; col. 2, lines 31-72) having a body and upstanding side walls, the body and side walls defining a semi-tubular channel to collect debris, the channel comprising a first end axially spaced from a second end, where the side walls comprising retaining means 22; and a brush 10/12 shaped to engage the retaining means in an interference or friction fit to provide a removable connection therebetween (Fig. 5-8, 2; col. 2, lines 31-72).
Re Claim 20, Evancha discloses the side walls are tapered, and in order to engage or disengage the retaining means, the brush is moved along the axial direction of the dustpan (Fig. 5-8, 2; col. 2, lines 31-72).
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