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 .
Status of the Claims
This is a non-final rejection in response to the communication filed 05/09/2024. Claims 1-20 are currently pending.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 4, 6, 8-10, and 12-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 9,109,336 to Firth (Firth).
In Reference to Claim 1
Firth discloses a system comprising:
a first portion (Fig. 1, 104 for instance) of a blade (102 for instance) configured at an initial position, wherein the first portion of the blade is configured to move or bend in one or more directions (col 3, ll 5, 102 made of a plastic for instance, see also col 3, ll 18-21);
a second portion (142 for instance, see figure 4) of the blade (102) positioned underneath the first portion of the blade (104), wherein the second portion of the blade consists of one or more different materials (rubber for instance, see col 3, ll 7) than the first portion of the blade (made of a plastic for instance), and wherein the second portion of the blade is configured to move and bend in conjunction with the first portion of the blade in the one or more directions (142 as attached to 102 for instance); and
a handle (Fig. 1, 116 for instance) connected to the first and second portion of the blade (via 114 for instance), wherein the handle is configured to move and bend the first and second portion of the blade on one or more surfaces (the handle as connected to the blade and moving objects for instance, see col 1, ll 19-25).
In Reference to Claim 4
Firth discloses the system of claim 1, wherein the handle (116 for instance) twists the second portion of the blade in one or more directions (the handle as connected to the blade and the second portion being flexible and moveable, see col 3, ll 16-21).
In Reference to Claim 6
Firth discloses the system of claim 1, wherein the first and second portion of the blade (104 and 142 for instance) are configured to move one or more items (different materials, see col 1, ll 19-22).
In Reference to Claim 8
Firth discloses a system comprising:
a handle (Fig. 1, 116 for instance) positioned at an initial position (as attached to blade 102 for instance) to remove one or more items from at least one surface (various materials for instance, see col 1, ll 19-25);
a lower blade (142 for instance, see figure 4) positioned in contact with the handle (116), wherein the lower blade is made of flexible material (rubber for instance, see col 3, ll 6-7), wherein the lower blade is configured to bend in one or more directions to remove the one or more items from the at least one surface (see col 3, ll 18-21); and
an upper blade (104 for instance) positioned over the lower blade (142), wherein the upper blade is configured to twist and bend in the one or more directions to assist the lower blade and the handle to remove the one or more items from the at least one surface (see col 3, ll 18-21).
In Reference to Claim 9
Firth discloses the system of claim 8, wherein the handle is configured to be positioned in a perpendicular direction to the lower blade and upper blade (see figure 1, 116 relative to 102 for instance).
In Reference to Claim 10
Firth discloses the system of claim 8, wherein the lower blade (142) includes one or more rubber materials (rubber for instance, see col 3, ll 6-7) to enable the lower blade to bend in the one or more directions (see col 3, ll 18-21).
In Reference to Claim 12
Firth discloses the system of claim 8, wherein the handle (116) is positioned in a center region within the lower blade and the upper blade (102, see figure 1).
In Reference to Claim 13
Firth discloses the system of claim 8, wherein the upper blade (104) includes stronger materials (see col 3, ll 5-7) than the lower blade (142).
In Reference to Claim 14
Firth discloses the system of claim 8, wherein the upper blade (104) has a curved edge on at least one end of the upper blade (106 or 110 of 104 for instance).
In Reference to Claim 15
Firth discloses a method comprising:
configuring a first portion (Fig. 1, 104 for instance) of a blade (102) at an initial position (configured system for instance), wherein the first portion of the blade is configured to move or bend in one or more directions (see col 3, ll 18-21);
positioning a second portion (142 for instance, see figure 4) of the blade underneath the first portion (104) of the blade, wherein the second portion of the blade consists of one or more different materials than the first portion of the blade (col 3, ll 5-7, plastic versus rubber for instance), and wherein the second portion of the blade is configured to move and bend in conjunction with the first portion of the blade in the one or more directions (see col 3, ll 18-21); and
connecting a handle (116 for instance) to the first and second portion of the blade (102), wherein the handle is configured to move and bend the first and second portion of the blade on one or more surfaces (as connected to 102 for instance, see col 3, ll 18-21).
In Reference to Claim 16
Firth discloses the method of claim 15, further comprising: configuring the second portion (142) of the blade (102) with more bendable materials (rubber for instance, see col 3, ll 7) than the first portion of the blade (104 for instance, and formed of plastic, see col 3, ll 5).
In Reference to Claim 17
Firth discloses the method of claim 15, further comprising: configuring a curved edge (106 or 110 for instance) on at least one end of the second portion of the blade (104).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9,109,336 to Firth (Firth) in view of US Patent Application Publication 2006/0277708 to Kim (Kim).
In Reference to Claim 2
Firth discloses the system of claim 1, except, “... wherein the first portion of the blade includes polycarbonate material ....”
Kim is related to a system for moving on one or more surfaces (abstract), as the claimed invention, and teaches wherein a first portion of a blade (Fig. 1, 2 for instance) includes polycarbonate material (¶ [0025]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Firth wherein the first portion of the blade (of Firth) includes polycarbonate material (as taught by Kim), so as to use an art known technique (of forming portions of a surface cleaning tool as taught by Kim) into the system of Firth and predictably form the system of suitable material for use.
Claim(s) 3, 7 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9,109,336 to Firth (Firth) in view of US Patent 5,525,189 to Villers (Villers).
In Reference to Claim 3
Firth discloses the system of claim 1, except, “... wherein a locking mechanism connects the handle to the first and second portion of the blade ....”
Villers is related to a system for moving on one or more surfaces (abstract), as the claimed invention, and teaches wherein a locking mechanism (Fig. 1, 4 for instance, see also col 3, ll 63-66) connects a handle (2 for instance) to a first and second portion of a blade (5 and 6 of 4 for instance).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Firth wherein a locking mechanism (as taught by Villers) connects the handle (of Firth) to the first and second portion of the blade (of Firth), so as to use an art known technique (of connecting a handle to a blade and allowing angling between both as taught by Villers) into the system of Firth and predictably allowing the handle to angle with respect to the blade.
In Reference to Claim 7
Firth discloses the system of claim 1, except, “... wherein the handle is moved to one or more angles to enable the first and second portion of the blade to remove one or more items ....”
Villers is related to a system for moving on one or more surfaces (abstract), as the claimed invention, and teaches wherein a handle (Fig. 1, 2 for instance) is moved to one or more angles (see figure 1) to enable a first and second portion of a blade (5 and 6 of 3 for instance).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Firth wherein the handle (of Firth) is moved to one or more angles (as taught by Villers) to enable the first and second portion of the blade (of Firth) to remove one or more items (of Firth), so as to use an art known technique (of connecting a handle to a blade and allowing angling between both as taught by Villers) into the system of Firth and predictably allowing the handle to angle with respect to the blade.
In Reference to Claim 18
Firth discloses the method of claim 15, except, “... further comprising: configuring a locking mechanism onto the first and second portion of the blade to enable the first and second portion of the blade to be adjusted ....”
Villers is related to a system for moving on one or more surfaces (abstract), as the claimed invention, and teaches a locking mechanism (Fig. 1, 4 for instance, see also col 3, ll 63-66) onto a first and second portion of a blade (5 and 6 of 4 for instance) to enable the first and second portion of the blade to be adjusted (col 3, ll 63-66).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Firth to further comprise configuring a locking mechanism (as taught by Villers) onto the first and second portion of the blade (of Firth) to enable the first and second portion of the blade to be adjusted (as taught by Villers), so as to use an art known technique (of connecting a handle to a blade and allowing angling between both as taught by Villers) into the system of Firth and predictably allowing the handle to angle with respect to the blade.
Claim(s) 5 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9,109,336 to Firth (Firth) in view of US Patent Application Publication 2016/0095492 to Smith et al. (Smith).
In Reference to Claim 5
Firth discloses the system of claim 1, except, “... wherein the first portion of the blade includes a top edge that is tilted forward ....”
Smith is related to a system for moving on one or more surfaces (abstract), as the claimed invention, and teaches wherein a first portion of a blade (Fig. 2, 20 for instance) includes a top edge (34 for instance) that is tilted forward (as seen in figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Firth wherein the first portion of the blade (of Firth) includes a top edge that is tilted forward (as taught by Smith), so as to use an art known technique (of the form and configuration of blade portions of surface cleaning devices as taught by Smith) into the system of Firth and predictably prevent debris from flowing over the device during use.
In Reference to Claim 19
Firth discloses the method of claim 15, except, “... further comprising: placing a top edge on the first portion of the blade to enable the first portion of the blade to be tilted forward ....”
Smith is related to a system for moving on one or more surfaces (abstract), as the claimed invention, and teaches placing a top edge (Fig. 2, 34 for instance) on a first portion of a blade (20 for instance) to enable the first portion of the blade to be tilted forward (as seen in figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Firth to further comprise placing a top edge (as taught by Smith) on the first portion of the blade (of Firth) to enable the first portion of the blade to be tilted forward (as taught by Smith), so as to use an art known technique (of the form and configuration of blade portions of surface cleaning devices as taught by Smith) into the system of Firth and predictably prevent debris from flowing over the device during use.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9,109,336 to Firth (Firth) in view of US Patent 2,728,099 to Cocco (Cocco).
In Reference to Claim 11
Firth discloses the system of claim 8, except, “... wherein the lower blade and upper blade are positioned at a forty-five degree angle to the handle ....”
Cocco is related to a system for moving on one or more surfaces (col 1, ll 15-18), as the claimed invention, and teaches wherein a blade are positioned at a forty-five degree angle to a handle (see col 3, ll 23-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Firth wherein the lower blade and upper blade (of Firth) are positioned at a forty-five degree angle (as taught by Cocco) to the handle (of Firth), so as to use an art known technique (of connection of a handle to blade as taught by Cocco) into the system of Firth and predictably connect the handle of the system to the blade of the system for cleaning.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9,109,336 to Firth (Firth) in view of US Patent 6,990,705 to Schouten et al. (Schouten).
In Reference to Claim 20
Firth discloses the method of claim 15, except, “... further comprising: placing the handle in a parallel direction to the first and second portion of the blade for storage ....”
Schouten is related to a system for moving on one or more surfaces (abstract), as the claimed invention, and teaches placing a handle (Fig. 6b and 6c, 38 for instance) in a parallel direction (as seen in figure 6b) to a blade (16 for instance) for storage (see abstract and col 2, ll 55-56).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Firth to further comprise placing the handle (of Firth) in a parallel direction (as taught by Schouten) to the first and second portion of the blade (of Firth) for storage (as taught by Schouten), so as to use an art known technique (of configuration of a handle to blade as for storage taught by Schouten) into the system of Firth and predictably provide a means for the system to be stored.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, as cited in the Notice of References Cited, are cited to show surface cleaning systems including different materials.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE A LAMBERT whose telephone number is (571)270-3516. The examiner can normally be reached Monday - Thursday 9 am - 7 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel E Wiehe can be reached at (571)272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE A LAMBERT/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745