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 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 1-15 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.
It is noted that the claims are replete with indefinite language. Efforts have been made to identify as many indefinite limitations as possible. The use of “and/or” and “preferably” throughout the claims makes it difficult to determine the scope of the claims. It is recommended that these terms be removed from the claims to more clearly set forth the required structural elements of the claimed cleaning set.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
In the present instance:
Claim 1 recites the broad recitation “a surface”, and the claim also recites “preferably a floor” which is the narrower statement of the range/limitation.
Claim 1 recites the broad recitation “matching mating adhesive element”, and the claim also recites “preferably a mating hook-and-loop element” which is the narrower statement of the range/limitation.
Claim 1 recites the broad recitation “adhesive element”, and the claim also recites “preferably a hook-and-loop element” which is the narrower statement of the range/limitation.
Claim 1 recites the broad recitation “at least one second corner region”, and the claim also recites “preferably a second acute-angled corner region” which is the narrower statement of the range/limitation.
Claim 3 recites the broad recitation “a cleat”, and the claim also recites “preferably two spaced-apart fastening pins” which is the narrower statement of the range/limitation.
Claim 4 recites the broad recitation “a tab”, and the claim also recites “preferably a hook-and -loop tab” which is the narrower statement of the range/limitation.
Claim 8 recites the broad recitation “at least one….through-holes”, and the claim also recites “preferably two… through-holes” which is the narrower statement of the range/limitation.
Claim 8 recites the broad recitation “at least one coupling element”, and the claim also recites “preferably a screw element” which is the narrower statement of the range/limitation.
Claim 9 recites the broad recitation “adhesive element”, and the claim also recites “in particular a hook-and-loop element” which is the narrower statement of the range/limitation.
Claim 9 recites the broad recitation “at least 30%...of an underside”, and the claim also recites “preferably at least 50%, preferably at least 75%...of an underside” which is the narrower statement of the range/limitation.
The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 3, the claim recites “a cleat… as anchoring means… for the flexible, elongated piece of material”. However, the flexible, elongated piece of material is previously claimed as optional. It is unclear if claim 3 is requiring the flexible, elongated piece of material to be present or not. It is also unclear if the cleat is optional as well and only required when the flexible, elongated piece of material is present. For the purpose of examination, the claim is interpreted as requiring the base place to have a cleat capable of being an anchoring means for a flexible elongated piece of material. However, the flexible elongated piece of material is still optional.
Claim 3 recites “as anchoring means”. It is unclear if this is referring to the anchoring means set forth in claim 2 or if a new anchoring means is being claimed.
Claim 4 recites the limitation "the top" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear what this is the top of.
Claim 5 recites “the…insertion pocked”. Claim 1 previously recites “insertion pocket” and “second insertion pocket”. It is unclear which insertion pocket is being referenced.
Claim 5 recites the limitation "the two contour edges" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites “the region”. There is insufficient antecedent basis for this limitation in the claim and it is also unclear what is considered a “region” of a second acute-angled corner region since it is unclear how close to the corner a “region” of the corner is required to be.
Claim 9 recites “a retaining element” in line 4. It is unclear if this is referring to the retaining element previously claimed or a different retaining element.
Claim 10 recites “an upper side” but it is not clear what this is an upper side of.
Claim 12 recite “a shaft”. It is unclear if this is the same or different from the shaft previously claimed. Later recitations of “the shaft” are therefore unclear as to which shaft is being referred to.
Claim 15 recites “the through holes” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recite “they” in line 4. It is unclear if this is referring to the three positions or the struts or something else.
Claim 15 recites “the diagonals” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites “more preferably”. It is unclear if the limitation following this statement takes the place of the limitation that follows “preferably” or if it may be present in combination.
Claim 15 recites “they” in line 4. It is unclear what this is referring to.
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) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lundstedt (US 5862565).
NOTE: limitations in bold are claimed as optional due to “and/or” limitations or due to limitations being claimed as preferable and are not given patentable weight.
Lundstedt discloses:
Regarding claim 1: A cleaning set for cleaning a surface, preferably a floor, comprising at least a base plate 100 (figure 1) with an upper side, on which a coupling point 120 for a shaft 400/300 is arranged, and with an underside facing away from the upper side, wherein the base plate has a diamond-shaped contour (figure 1; Col. 2, line 5), and
a textile mop cover 600 with a diamond-shaped textile base surface, which is adapted to the diamond-shaped contour of the base plate, and/or
a further cleaning attachment 600 which can be coupled to the underside of the base plate (although only one of textile mop cover and further cleaning attachment is required, 600 may serve as either),
wherein on the underside, the base plate comprises at least one adhesive element 500, preferably a hook-and-loop element, and preferably the textile mop cover comprises at least one matching mating adhesive element, preferably a mating hook-and-loop element, on an upper side (“preferably” language makes these limitation not required), and/or
wherein the textile mop cover has an insertion loop and/or insertion pocket for a first acute-angled corner region of the base plate on at least a first acute-angled corner region of the diamond-shaped textile base surface on an upper side and has a first quick-release fastener element or a second insertion pocket for releasable coupling to the base plate on at least one second corner region, preferably a second acute-angled corner region, of the diamond-shaped textile base surface, which is preferably opposite the first acute-angled corner region of the textile base surface (“preferably” and “and/or” language makes these limitations not required), and/or
wherein the base plate is associated with a retaining plate which can be releasably coupled to the underside, wherein the retaining plate has at least one retaining element for releasably coupling the textile mop cover (“preferably” and “and/or” language makes these limitations not required).
Regarding claim 2: The cleaning set according to claim 1, wherein the first quick-release fastener element comprises a flexible, elongated piece of material, and preferably the base plate has anchoring means for the flexible, elongated piece of material on its upper side (the first quick-release fastener element is claimed as optional in claim 1, wherein this limitation only further limits the optional item and does not require the item to be present).
Regarding claim 3: The cleaning set according to claim 2, wherein the base plate comprises a cleat 110 (serves as a cleat since it is a projection that may serve as a grip), preferably two spaced-apart fastening pins (“preferably” language makes these limitations not required), on its upper side as anchoring means for the flexible, elongated piece of material (at least capable of serving as an anchoring means as claimed).
Regarding claim 4: The cleaning set according to claim 1, wherein the first quick-release fastener element comprises a tab (the first quick-release fastener element is claimed as optional in claim 1, wherein this limitation only further limits the optional item and does not require the item to be present), preferably a hook-and-loop tab for a mating hook-and-loop element arranged on the upper side of the base plate, wherein the mating hook-and-loop element is more preferably arranged at the top in the region of a second acute-angled corner region of the base plate (“preferably” and “and/or” language makes these limitations not required).
Regarding claim 5: The cleaning set according to claim 1, wherein the first quick-release fastener element (the first quick-release fastener element is claimed as optional in claim 1, wherein this limitation only further limits the optional item and does not require the item to be present) comprises an elongated elastically extendable loop, which can at least be slipped over one acute-angled corner region of the base plate for attachment to the base plate, and/or, wherein the textile mop cover is provided with an insertion strip on a side half having the insertion loop and/or insertion pocket, which internally connects the two contour edges connected by the insertion loop and/or insertion pocket in the first acute-angled corner region of the diamond-shaped textile base surface at a position between the insertion loop and/or insertion pocket and a short diagonal of the diamond-shaped textile base surface (“preferably” and “and/or” language makes these limitations not required).
Regarding claim 6: The cleaning set according to claim 1, wherein the further cleaning attachment and/or the retaining plate (claim interpreted as further limiting the retaining plate given the “and/or” limitation; wherein the retaining plate is not positively claimed) can be releasably coupled to the base plate by means of at least one second quick-release fastener element, wherein the cleaning attachment and/or the retaining plate (claim interpreted as further limiting the retaining plate given the “and/or” limitation; wherein the retaining plate is not positively claimed) preferably have a plate-like, diamond-shaped base surface, which is adapted to the diamond-shaped contour of the base plate (“preferably” and “and/or” language makes these limitations not required).
Regarding claim 7: The cleaning set according to claim 1, wherein the further cleaning attachment comprises at least one of the following elements:
-a brush plate,
-a sponge element,
-a pad plate (this claim is interpreted wherein the option of claim 1 is a textile mop cover, wherein the further cleaning attachment is interpreted as optional; this claim therefore is interpreted as further limiting the optional element and not requiring it).
Regarding claim 8: The cleaning set according to claim 6, wherein the second quick-release fastener element (the second quick-release fastener element set forth in claim 6 is claimed as functionally able to be used with an optional element; this limitation further limits this element which is still not positively claimed) on the base plate has at least one, preferably two, through-holes passing through the base plate, and comprises at least one coupling element, preferably a screw element, in order to couple the further cleaning attachment and/or the retaining plate to the underside of the base plate through the through-holes (“preferably” and “and/or” language makes these limitations not required).
Regarding claim 9: The cleaning set according to claim 1, wherein the retaining element of the retaining plate (both the retaining plate and the retaining element are set forth in claim 1 as optional; this limitation further limits the optional elements but does not positively claim them as required) has an adhesive element, in particular a hook-and-loop element, and/or wherein at least 30%, preferably at least 50%, preferably at least 75%, of an underside of a base surface of the retaining plate has a retaining element (“preferably” and “and/or” language makes these limitations not required).
Regarding claim 10: The cleaning set according to claim 1, comprising a hand grip arranged on an upper side (upper part of 400 serves as a hand grip since it can be gripped by a user).
Regarding claim 11: The cleaning set according to claim 1, comprising a coupling mechanism (200 and/or 300) arranged at the coupling point of the base plate, which connects the base plate to the shaft 400, wherein the coupling mechanism is configured such that the shaft is pivotable relative to the base plate with at least two degrees of freedom (rotation about axis C and axis D in figure 1), wherein the cleaning set preferably comprises a fork joint on the base plate, a joint block rotatable in this fork joint about a first fork joint axis with fork joint receiving holes in at least two of its lateral surfaces, as well as an adapter which can be coupled to the joint block by means of a further fork joint and has an interface for a shaft, which adapter can be rotated about a second fork joint axis in the further fork joint (these limitations are all claimed as preferable and not required).
Regarding claim 12: The cleaning set according to claim 1, with a shaft 400 as a handle and extension for a user to hold and guide the cleaning set (400 of a structure that allows it to be used in this way) and preferably an adapter for attaching the base plate to the shaft with an adapter element which has a tapered fitting portion for forming a positive locking fit with one end of the shaft, and a tapered threaded section (these limitations are all claimed as preferable and not required).
Regarding claim 13: The cleaning set according to claim 1, wherein the underside of the base plate is flat in configuration over the entire contour (figures 1 and 3).
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lundstedt and in view of Smith et al (US 20170215686 A1).
Regarding claim 14, Lundstedt discloses the claimed invention substantially as claimed, as set forth above for claim 1 and further discloses wherein the base plate comprises a peripheral diamond-shaped outer frame (figure 1; Col. 2, line 5).
Lundstedt is silent regarding between the peripheral outer frame, there is an inner lattice structure with lattice struts extending for stabilization and stiffening,
However, Smith teaches a mop head with a peripheral outer frame, between which there is an inner lattice structure with lattice struts 46 (figure 2) extending for stabilization and stiffening.
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Lundstedt by providing the outer frame with an inner lattice structure between the peripheral outer frame, wherein the inner lattice structure has lattice structs extending for stabilization and stiffening, as taught by Smith, for the purpose of increasing the strength of the frame without substantially increasing the thickness of the frame.
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Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lundstedt, in view of Smith, and further in view of Carlson (US 6370725 B1).
Regarding claim 15, Lundstedt/Smith discloses the claimed invention substantially as claimed, as set forth above for claims 1 and 14. Lundstedt is further silent regarding, the lattice structure is configured in a manner such that the lattice struts converge in a star shape at three positions on one of the diagonals, wherein at a central position of the three positions, they form an overlapping central surface, at which the coupling point for a shaft is located, and at the two off-center positions, they each form an overlapping attachment surface
However, Smith further teaches
wherein the lattice structure is configured in a manner such that the lattice struts converge in a star shape at three positions along the longitudinal axis of the frame, wherein at a central position of the three positions, they form an overlapping central surface, at which the coupling point for a shaft is located, and at the two off-center positions, they each form an overlapping attachment surface (see highlighted star shapes in figures 1 and 2 above).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Lundstedt to provide a lattice structure configured in a manner such that the lattice struts converge in a star shape at three positions along the longitudinal axis of the frame, wherein at a central position of the three positions, they form an overlapping central surface, at which the coupling point for a shaft is located, and at the two off-center positions, they each form an overlapping attachment surface, as taught by Smith, for the purpose of increasing the strength of the frame without substantially increasing the thickness of the frame
Note that the device made obvious by the modification set forth above would include the three positions being along one of the diagonals of the diamond shape of Lundstedt since longitudinal axis (axis C in figure 2) of Lundstedt is along one of the diagonals of the frame.
Lundstedt/Smith is silent regarding the two off-center positions being such that through holes are made into them.
However, Carlson teaches a mop head with star shaped off-center struts (see highlighted struts in figure 7 below) being at a position where through holes 17 are made.
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It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Lundstedt/Smith by providing through holes in the off-center positions of the Lundstedt device (which is also where the star shaped struts are located), as taught by Carlson, for the purpose of providing an alternate means of attachment of a cleaning material to the frame.
Note that the limitation “wherein preferably, the lattice struts of the lattice structure each protrude from the outer frame at the same angle, wherein more preferably, the lattice struts are hollow on the inside” are all claimed as preferable and not required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ROSEN whose telephone number is (571)270-7855. The examiner can normally be reached Monday-Friday 930am-6pm.
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/ERIC J ROSEN/ Supervisory Patent Examiner, Art Unit 3772