Detailed Action
Amendment
1. This office action is in response to applicant’s amendments dated 4-23-26 and this office action is a final rejection.
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
2. 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.
Claim(s) 1-15 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by U.S. Patent No. 3,110,052 to Whitman.
Referring to claim 1, Whitman discloses a multi-positional cleaning device comprising, a handle assembly – at 38, 46-50 and 84, having a handle body – 38,46,48,84, and at least one gripping feature – at 50 and at outer surface of 38,46,48,84, a scrub bar assembly – at 16-26, coupled to the handle assembly – at 38,84 – see via item 22,40 – see figures 1-2, a blade assembly – at 70,72,74,76,78, having a blade – at 70, configured to wipe a surface – see figures 1-2, and a pivoting assembly – at 80 and 86-100, securing the handle assembly – at 84, and the blade assembly – at 70,72, to one another – see figures 1-2, such that the blade assembly – at 70,72, may be selectively pivoted with respect to the handle assembly – at 84, about a pivot axis – see at 98 and see column 3 lines 52-72, the pivoting assembly having a releasable lock – at 88,90,92,94,96,100, coupled to the handle body – at 84 – see figures 1-2, the releasable lock – at 88,90,92,94,96,100, selectively fixing the blade assembly – at 70,72, in at least one of a first position or a second position – see figures 1-2 and column 3 lines 32 to 72. Whitman further discloses the blade assembly – at 70-78, is selectively pivotable with respect to the handle assembly – at 84 – see at 98 and column 3 lines 52-72 where the user can manipulate items 92,94, to pivot the blade assembly into different positions. Whitman further discloses the releasable lock – at 88-96 and 100, selectively fixing the blade assembly – at 70-78, in at least one of a first position or a second position during pivoting of the blade assembly – at 70-78 – see figures 1-2 and column 3 lines 32-72 where the blade assembly pivots – at 98 and can be locked via items 92,94 by engaging item 94 with the plate – at 90, into a first position and then item 94 can be moved along item 92 to disengage from the plate – at 90 allowing the blade assembly to pivot at item 98 into a second position.
Referring to claim 2, Whitman further discloses the releasable lock – at 88,90,92,94,96,100, further comprises an C-clip engagement mechanism – see at 96 in figures 1-2 which engages c shaped components of 74,76, movable between an unlocked position and a locked position – see figures 1-3 and column 3 lines 32-72. Regarding the 35 U.S.C. 112(f) means plus function analysis with respect to the claimed c-clip engagement mechanism item 96 of Whitman, is at least functionally equivalent to applicant’s disclosed c-clip engagement mechanism in that item 96 has similar function of removably securing components together as seen in figures 1-2 of Whitman. Further, the claim as presently written does not require a c-shaped clip but only requires a mechanism that can engage a c shaped clip.
Referring to claim 3, Whitman further discloses the blade assembly – at 70-78, being movable between at least the first position and the second position when the C- clip engagement mechanism – at 90,96, is in the unlocked position – see figures 1-2 and column 3 lines 32-72, and the blade assembly – at 70-78, being restricted from moving between at least the first position and the second position when the C-clip engagement mechanism – at 90,96, is in the locked position – see figures 1-2 and column 3 lines 32-72.
Referring to claim 4, Whitman further discloses the releasable lock further comprises a protrusion – at 92,94,100, for applying an unlocking force – see figures 1-2 and column 3 lines 32-72.
Referring to claim 5, Whitman further discloses the handle body includes a first longitudinal axis – see axis of 84 and axis of 38-48 in figure 1.
Referring to claim 6, Whitman further discloses the blade assembly includes a second longitudinal axis – see axis of 70-78 in figures 1-2.
Referring to claim 7, Whitman further discloses the blade assembly – at 70-78, is positionable in at least the first position or the second position relative to the handle body – at 84 – see figures 1-3 and column 3 lines 32-72.
Referring to claim 8, Whitman further discloses the blade assembly – at 70,78, is rotatable relative to the handle body – at 84, between at least the first position or the second position – see pivoting which would cause rotation detailed in column 3 lines 32-72.
Referring to claim 9, Whitman further discloses in the first position, the second longitudinal axis – of 70-78, is arranged at a first angle relative to the first longitudinal axis – of item 84 – see figures 1-2, and in the second position, the second longitudinal axis – of 70-78, is arranged at a second angle relative to the first longitudinal axis – of 84 – see figures 1-2 and column 3 lines 32-72 where items 70-78 are moved into different positions via operation of the releasable lock.
Referring to claim 10, Whitman further discloses the first angle is equal and opposite to the second angle – see figures 1-2 and column 3 lines 32-72 where in the unlocked position the device of Whitman is capable of having the blade assembly move into a position where the first and second angles are equal and opposite to each other about the pivot – at 98.
Referring to claim 11, Whitman further discloses the blade assembly further comprising a carriage – at 74-78, the blade – at 70, received by the carriage – at 74-78, to ensure that the blade – at 70, is positioned in a desired orientation and/or position – see figures 1-2.
Referring to claim 12, Whitman further discloses the scrub bar assembly including a scrub bar – at 16,18, and a base section – at 20, the base section – at 20, extending at a predetermined angle from the handle body – at 38,84 – see figure 1, the scrub bar – at 16,18, and the base section – at 20, including at least one cooperating feature – at 26,34,36, that ensure that the scrub bar – at 16,18, is positioned on the base section – at 20, in a desired orientation and/or position – see figures 1 and 7-8.
Referring to claim 13, Whitman further discloses the at least one gripping feature includes at least one elongate rib – between items 58 and 68 and/or between items 64 and 40 as seen in figure 1, extending substantially parallel to the first longitudinal axis – of 84 – see figure 1.
Referring to claim 14, Whitman further discloses the at least one gripping feature includes a substantially smooth surface – see smooth outer surface of items 38-38 and 84 as seen in figure 1.
Referring to claim 15, Whitman further discloses the at least one gripping feature includes a plurality of grooves – at 50 – and recessed/grooved surface between 52 and 38, substantially perpendicular to the first longitudinal axis – of items 38-48 – see figure 1.
Referring to claim 18, Whitman further discloses the scrub bar further comprising a front side, including connection pads – see at 28 for connecting item 14 to item 20, and a back side, including water channels – between items 14 capable of allowing water flow as seen in figure 1.
Referring to claim 19, Whitman further discloses the blade – at 70, is removeable from the carriage – at 74,76 – see figures 1-2.
Referring to claim 20, Whitman further discloses a first gripping feature – between 52 and 38 as seen in figure 1, a diameter of the first gripping feature is smaller at a center point of the first gripping feature than at a first and a second end – at 52 and – at 46 – see figure 1, and a second gripping feature – outer surface of 38 and/or 48, a diameter of the second gripping feature dimensioned greater than the diameter of the first gripping feature – see figure 1.
Claim Rejections - 35 USC § 103
3. 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 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) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitman as applied to claim 12 above.
Referring to claim 16, Whitman does not disclose the base section extends between a 10°-40° angle from the handle body. However, it would have been obvious to one of ordinary skill in the art to take the device of Whitman and have the base section extend at any suitable angle from the handle body including the 10-40 degrees claimed, so as to yield the predictable result of allowing for the scrub bar assembly to be positioned for the user to more easily scrub/clean the surface to be cleaned during use.
Referring to claim 17, Whitman does not disclose the base section extends between a 40°-70° angle from the handle body. However, it would have been obvious to one of ordinary skill in the art to take the device of Whitman and have the base section extend at any suitable angle from the handle body including the 40-70 degrees claimed, so as to yield the predictable result of allowing for the scrub bar assembly to be positioned for the user to more easily scrub/clean the surface to be cleaned during use.
Response to Arguments
4. Applicant’s claim amendments and remarks/arguments dated 4-23-26 obviates the 35 U.S.C. 112(b) rejections of claim 8 detailed in the last office action dated 1-26-26.
Regarding the prior art rejections of claim 1, the Whitman reference US 3110052 discloses the newly added claim limitations of applicant’s claim amendments dated 4-23-26 in that Whitman discloses the blade assembly – at 70-78, is selectively pivotable with respect to the handle assembly – at 84 – see at 98 and column 3 lines 52-72 where the user can manipulate items 92,94, to pivot the blade assembly into different positions. Whitman further discloses the releasable lock – at 88-96 and 100, selectively fixing the blade assembly – at 70-78, in at least one of a first position or a second position during pivoting of the blade assembly – at 70-78 – see figures 1-2 and column 3 lines 32-72 where the blade assembly pivots – at 98 and can be locked via items 92,94 by engaging item 94 with the plate – at 90, into a first position and then item 94 can be moved along item 92 to disengage from the plate – at 90 allowing the blade assembly to pivot at item 98 into a second position.
Regarding the prior art rejections of claims 2-20, applicant relies upon the same arguments with respect to parent claim 1 discussed earlier.
Conclusion
5. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
Prosecution Insights