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 9 and 10 reference “the retaining member”, while claim 2 references “a retainer member”. Consider amending claims 9 and 10 to recite, instead --the retainer[ing] member--.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim 2 recites the term “retainer member”. While the term “member” is a nonce term, the examiner finds that there is sufficient structure recited in the term “retainer” to perform the function of having the “blade being coupled to the body”. While claims 9 and 10 do not recite sufficient structure thereby causing the term “the retaining member” to ordinarily invoke a section 112(f) interpretation (“retaining” is a functional description), it is sufficiently clear, in view of the claim objection above, that the term refers to the “retainer member” recited in claim 2.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scimone (US 20200108515 A1)
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Ann. fig. 8(1) (Scimone)
With respect to claim 1, Scimone discloses:
A tool for cleaning a surface, the tool comprising:
a body (body 285, fig. 8; [0035]);
a first cover slidably coupled to the body between a first position and a second position (first cover 120, fig. 8; [0023]), the first cover having a first leading edge (proximate to end of leader line 145, fig. 8, see ann. fig. 8(1) above, it is slidably coupled relative to body as an actuating member 350, fig. 8 slides between two recesses 230, 235, fig. 8 of the first cover as in [0048], and the actuating member 350 is connected via protrusions 385, 390 to apertures of the body 340, 346, fig. 8, the movement of the actuating member 350 causes a sliding effect between the body and first cover as in [0048]; the first and second positions are relative [movement and position is relative, and depends on a fixed point of reference] to a point of reference on the blade 295, as shown in fig. 1 and fig. 3)
a second cover slidably coupled to the body and movable between the first position and the second position, the second cover having a second leading edge adjacent the first leading edge (second cover 125, fig. 8; [0023] with leading edge proximate to end of leader line 165, fig. 8; see ann. fig. 8(1) above; slidably coupled to the body as the body 285 slides via track 185, fig. 8; [0037]; the first and second positions are relative to blade as explained with the first cover above); and
a blade coupled to the body (blade 295, fig. 8; [0035]) and being disposed between the first cover and the second cover when in the first position (retracted blade in fig. 1, between the two covers; [0035]) and at least partially extending outward from the first leading edge and the second leading edge when in the second position (extended position in fig. 3; [0035]).
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) 2-5, 7, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scimone (US 20200108515 A1), and further in view of Wang (US 20110138566 A1).
With respect to claim 2, Scimone discloses the limitations of claim 1 above, and further discloses a retainer member removably coupled to the body, the blade being coupled to the body by the retainer member (retainer member 315, fig. 8, [0036], holds the blade in place to the body, though an aperture of the blade, the retainer member is coupled to the body, but can be detached, including irreversibly).
Alternatively, Wang, in the same field of endeavor, provides for a screw/bolt (28, fig. 3; [0019]), through a body (22, fig. 3; [0019]) and through a blade (30, fig. 3; [0019]). Wang provides that this is a strong connection ([0006]). MPEP 2143 provides that simple substitution of one known element for another to obtain predictable results is obvious to a person of ordinary skill in the art.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the protrusion in Scimone that holds the blade for a screw, as taught by Wang, as a simple substitution of one known element for another with predictable results. A person of ordinary skill in the art would also be motivated to make the substitution for the reasons taught by Wang, in that this connection is strong. The arrangement would have resulted in a detachably coupled retainer member, because a screw can be unthreaded and treaded into a hole.
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Ann. fig. 8(2) (Scimone)
With respect to claim 3, Scimone, as modified, teaches the limitations of claim 2 above, and further teaches wherein the first cover includes a first handle portion extending from a first side of a first body portion opposite the first leading edge (first handle portion is rectangle portion in ann. fig. 8(1) above; the first handle portion extends outward from/above the first body position, opposite the first leading edge, as shown in either interpretation of Scimone in ann. fig. 8(2)), and the second cover includes a second handle portion extending from a second side of a second body portion opposite the second leading edge (second handle portion is rectangle portion in ann. fig. 8(1) above; the second handle portion extends outward from/below the first body position, opposite the second leading edge, as shown in either interpretation of Scimone in ann. fig. 8(2)),
With respect to claim 4, Scimone, as modified, teaches the limitations of claim 3 above, and further teaches wherein the first cover includes a first rib extending from the first handle portion (ribs 170, fig. 8, [0026], “protrusions 170 disposed at any desired portion of exterior surface 150 that may assist a user in gripping cutting device 105 (e.g., during scraping)”), and the second cover includes a second rib extending from the second handle portion (ribs 175, 180, fig. 8; [0026], “plurality of protruding portions 175 and 180 including respective recesses 185 and 190 that may be configured to receive portions of cutting assembly 115”).
With respect to claim 5, Scimone, as modified, teaches the limitations of claim 4 above, and further teaches wherein the body includes a first slot on a first side (first slot at 345, at a first side defined by an adjacent wall 325, fig. 8; [0037-0038] ) and a second slot on a second side (first slot at 340, at a first side defined by an adjacent wall 320, fig. 8; [0037-0038]), the first slot including a first projection and a second projection that define a first groove therebetween (the side surfaces of the recess of 345 protrude upward from the bottom of the recess, forming a groove in the middle), the second slot including a third projection and a fourth projection that define a second groove therebetween (the side surfaces of the recess of 340 protrude upward from the bottom of the recess, forming a groove in the middle).
With respect to claim 7, Scimone, as modified, teaches the limitations of claim 4 above, and further teaches wherein the first body portion includes at least one first tab extending toward the blade (first tab 305, fig. 8; using the first interpretation of body portion in ann. fig. 8(2), above, the tab engages/extends towards the blade as in [0036]) and the second body portion includes at least one second tab extending toward the blade (first tab 310, fig. 8; using the first interpretation of body portion in ann. fig. 8(2), above; the tab engages/extends towards the blade as in [0036]).
With respect to claim 13, Scimone, as modified, teaches the limitations of claim 3 above, and further teaches a first clip operably coupled between the first body portion and the second body portion on a first side of the first handle portion (first clip 370 and 380 together, fig. 8; received by recess 230, fig. 8, on the first handle portion of the first cover; and located between the first body portion, top surface and the second body portion, bottom surface, in the second interpretation in ann. fig 8(2), [0040]); and a second clip operably coupled between the first body portion and the second body portion on a second side of the first handle portion (second clip 375 and 390 together, fig. 8; received by recess 230, fig. 8, on the first handle portion of the first cover; and located between the first body portion, top surface and the second body portion, bottom surface, in the second interpretation in ann. fig. 8(2), [0040]), the second side of the first handle being opposite the first side of the first handle portion (see two sides of first handle portion in ann. fig. 8(1), above).
Allowable Subject Matter
Claim 6, 8-10, 11-12 and 14-15 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. Examiner notes the claim objection to claim 9-10 above.
The following is a statement of reasons for the indication of allowable subject matter:
As for claim 6, the claim requires the limitations of claims 1-5 and defines a further limitation of “wherein the first rib is sized and positioned to be at least partially disposed within the first groove and the second rib is sized and positioned to be at least partially disposed within the second groove as the first cover and second cover are moved from the first position to the second position”. The closest prior art over Scimone is Panfili (US 6775912 B2), however it lacks ribs on the top cover, and is unclear as to ribs on the bottom cover. Gringer (US 20070256306 A1) provides protruding structures on analogous covers, however the bottom cover slides the blade and body at the same time and is lacking a body with projections as part of a slot. Therefore, the limitations of claim 6, when recited in combination with all the limitations of claims 1-5 is not disclosed or rendered obvious over the prior art.
As for claim 8, the claim requires the limitations of claims 1-4 and 7, as well as “a head portion extending parallel to and configured to receive the blade, the head portion having a first shoulder sized and positioned to receive the at least one first tab when the first cover is in the second position”. Gringer (US 20070256306 A1) is the closest prior art over Scimone. Gringer provides a folding body, hover does not define a head portion as recited in claim 8, together with all the limitations of claims 1-4 and 7. There’s also Enfants (US 1726017 A) and Pinter (US 2122263 A) are representative of similar scrapers. Therefore, the limitations of claim 8, when recited in combination together with all the limitations of claims 1-4 and 7 is not disclosed or rendered obvious over the prior art. Claims 9-10, requiring all the limitations of claim 8 would also not be disclosed or rendered obvious over the prior art.
As for claim 11, the claim requires the limitations of claims 1-4 as well as “the first cover includes a first wall having a first end and a second end, the first end having a semi-circular surface and the second end having a semi-circular recess; the second cover includes a second wall having a third end and a fourth end, the third end having a semi-circular surface and the fourth end having a semi-circular recess; and the first end engaging with the fourth end and the second end engaging with the third end to define a pivot, the first cover and second cover rotating about the pivot when the first cover and second cover are moved between the first position and the second position”. Pinter (US 2122263 A), Gringer (US 5056226 A), and Salmon (DE 20318134 U1) is representative of the closest prior art over Scimone, providing for pivoting blade holders, however does not disclose or render obvious claim 11, in combination with all of the limitations of claims 1-4.
As for claim 14, the claim requires the limitations of claims 1-3 and 13 as well as “wherein the first clip and the second clip bias the first cover and the second cover towards a plane defined by the blade”. As noted in the rejection of claim 13 above, Scimone provides for clips meeting the claimed structure, however does not disclose that the clips “bias the first cover and the second cover towards a plane defined by the blade”. Furthermore, none of the referenced prior art provides for this claimed arrangement, when recited together with the all of the limitations found in claims 1-3 and 13. Claims 15, requiring all the limitations of claim 14 would also not be disclosed or rendered obvious over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Huang whose telephone number is (571)272-6750. The examiner can normally be reached Monday to Thursday 6:30 am to 2:30 pm, Friday 6:30 am to 11:00 am (Eastern Time).
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/Steven Huang/Examiner, Art Unit 3723
/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723