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 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, 6, 7, 8 and 13-28 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 1 recites “a coupling point” in line 3 and then recites “a coupling point” in the last two lines of the claim. it is unclear if the same coupling point is being referred to.
Claim 8 recites “the second quick-release fastener element on the base plate” (emphasis added). While claim 6 previously recites “at least one second quick-release fastener element”, it is not previously recited that one of the at least one second quick-release fastener element is “on the base plate”. It is therefore unclear of the same second quick-release fattener element is being referred to and whether claim 8 is positively claiming the second quick-release fastener element as on the base plate.
Claim 17 recites “can be a maximum of 30”. It is unclear if the recitation of “can be” is positively reciting the angle or a preferable value.
Claim 18 recites “this acute-angled corner region”. There are a plurality of acute-angled corner regions previously claimed and it is unclear if “this” is referring back to one or both of the previously recited regions.
Claim 22 recites “which runs parallel”. It is unclear what “which” is referring to. It is unclear if the longitudinal direction, the hand grip or something else is be referred to.
Claim 25 recites “and parallel” but it is unclear what the couple axis is parallel to.
Claim 26 recites “several parts” which means that there are two or more parts. The claim then recites “one part” and “the other parts”. Since the scope of the claim previously includes two parts, there does not appear to be clear antecedent basis for “the other parts” and it is unclear if at least three parts is required.
Claim 27 recites “at least three sections”. It is unclear if these are in addition to the “
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, 6, 7, 13, 16, 19 and 23-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lundstedt (US 5862565).
Regarding claim 1 Lundstedt discloses a cleaning set for cleaning a surface comprising:
a base plate 100 with an upper side, on which a coupling point (along AXIS D of element 200 in figure 1) for a shaft 300/400 is arranged, and with an underside facing away from the upper side, wherein the base plate has a diamond-shaped contour with a first acute-angled corner region and a second acute-angled corner region that lie opposite each other at the ends of a longer first diagonal of the diamond-shaped contour and two obtuse-angled corner regions that lie opposite each other at the ends of a shorter diagonal running transversely to the first diagonal (see figure 1),
a textile mop cover 600 with a diamond-shaped textile base surface, which is adapted to at least one of the diamond-shaped contour of the base plate or a further cleaning attachment which can be coupled to the underside of the base plate, and
a hand grip 200 (of a shape that is configured to be gripped by a hand) arranged on an upper side of the base plate, which can serve as a coupling point for a shaft.
Regarding claim 6, the further cleaning attachment can be releasably coupled to the base plate by means of at least one second quick-release fastener element,
wherein the cleaning attachment has a plate-like, diamond-shaped base surface, which is adapted to the diamond-shaped contour of the base plate (the cleaning attachment is not positively claimed as part of the claimed invention; the disclosed device is at least of a structure able to be used with the cleaning attachment as claimed).
Regarding claim 7, the further cleaning attachment comprises at least one of the following elements: a brush plate, a sponge element, or a pad plate (the cleaning attachment is not positively claimed as part of the claimed invention; the disclosed device is at least of a structure able to be used with the cleaning attachment as claimed).
Regarding claim 13, the underside of the base plate is flat in configuration over the entire contour (figure 1).
Regarding claim 16, on the underside, the base plate comprises at least one adhesive element 500 and the textile mop cover 600 comprises at least one matching mating adhesive element on an upper side (Col. 2, lines 55-67).
Regarding claim 19, the hand grip is arranged on the upper side of the base plate in a manner such that a longitudinal direction of the hand grip runs along the first diagonal from one of the acute-angled corner regions to the other (along AXIS C as seen in figure 1).
Regarding claim 23, the hand grip comprises a suitable coupling element for coupling a shaft (openings along AXIS D in figure 1 serve as a suitable coupling element).
Regarding claim 24, the hand grip comprises a coupling eyelet as the coupling element (openings along AXIS D in figure 1), into which an axle or at least a pin on a mating coupling element at the end of a shaft can be inserted (at least of a structure able to accept a pin or mating element as claimed).
Regarding claim 25, the coupling eyelet is arranged in a manner such that a coupling axis (see AXIS D in figure 1) through the coupling eyelet along which the axle or the pin at the end of the shaft can be inserted, runs transversely to the longitudinal direction of the hand grip and parallel above the upper side of the base plate (figure 1).
Regarding claim 26, the hand grip is configured in several parts 110/120/200, wherein one part 200, which contains the coupling eyelet, is arranged on the other parts of the hand grip so that the part containing the coupling eyelet can be swivelled relative to the other parts (swiveled about AXIS C).
Regarding claim 27, the hand grip is divided into at least three sections 110/120/200 (120 may be interpreted as having two sections that extend on either side of AXIS C) along its longitudinal extent, wherein the coupling eyelet is located in a center section 200, wherein the center section is pivotably coupled to two outer sections of the hand grip about a swivel axis (AXIS C) extending in a longitudinal direction of the hand grip, which in turn are each firmly connected to the upper side of the base plate (figure 1).
Regarding claim 28, the center section of the hand grip 200 is lockable between the two outer sections of the hand grip (between 120 and 110; or between left and right sections of 120) in a basic position in which the swivel axis runs through the coupling eyelet parallel to the upper side of the base plate (ball locks into 110 as seen in figure 4; swivel axis is AXIS C in figure 5 which runs through eyelet 235).
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) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lundstedt.
Regarding claim 17, Lundstedt discloses that acute angles allow the head to extend into small angular areas. This means that the smaller the angle, the smaller the angular area the device can fit into. However, Lundstedt is silent regarding the specific angle of the acute angle.
Since Lundstedt sets forth that angle of the corner regions is a result effective variable, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make angle of the acute-angled regions of the base be a maximum of 30 degrees, since it has been held that when the general conditions are disclosed in the art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (See MPEP § 2144.05)
Regarding claim 18, the internal edges of the base plate run together into a point in this acute-angled corner region (figure 2; claim does not require a sharp tip, wherein the top of the rounded corner serves as a “point”).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lundstedt and in view Carlson (WO 9844838 A1)
Regarding claim 8, Lundstedt discloses the claimed invention substantially as claimed, as set forth above for claim 6. Lundstedt is silent regarding the second quick-release fastener element being on the base plate and having at least two through-holes passing through the base plate, and comprises in each case one coupling element, in order to couple the further cleaning attachment to the underside of the base plate through the through-holes.
However, Carlson teaches a similar device having a base plate with a second quick-release fastener element having at least two through holes (17 and holes that 15 extends through in figures 2 and 3) passing through the base plate, and comprises in each case one coupling element (rounded surface of 17), in order to couple a cleaning attachment 13 to the underside of the base plate through the through holes (figures 2 and 3).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing to modify Lundstedt by having the second quick-release fastener element being on the base plate and having at least two through-holes passing through the base plate, and comprises in each case one coupling element, in order to couple the further cleaning attachment to the underside of the base plate through the through-holes, as taught by Carlson, for the purpose of having an equivalent alternative to a secure and quick attachment of a cleaning attachment to the base plate.
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, the lattice struts form an overlapping central surface, at which the coupling point for a shaft is located, and at the two off-center positions, the lattice struts 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 through holes of the device made obvious as set forth above is of a structure that would allow it to serve as a quick-release fastener element.
Claim(s) 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lundstedt and in view of Kelsay et al (US 5781956).
Regarding claims 20-22, Lundstedt discloses the grip/handle extending parallel to the longer first diagonal from the first acute-angled corner region to a second acute angled corner region (interpreted as a large “region” near the respective corners). However, Lundstedt is silent regarding the hand grip comprises at least one hand grip opening wherein the hand grip extends in an arc, so that the hand grip opening remains below the arc in a longitudinal direction of the hand grip; wherein the hand grip is constructed in a lattice design with two struts, namely an upper arc strut and a handle strut, extending one above the other in the longitudinal direction of the hand grip, in an arc.
Kelsay teaches a hand grip for a planar device, wherein (Re. claim 20) the hand grip comprises at least one hand grip opening (40 and 50 are openings in the interior of the hand grip and therefore serve as hand grip openings), (Re. claim 21) wherein the hand grip extends in an arc (arc interpreted as the upper surface arc of the hand grip), so that the hand grip opening remains below the arc in a longitudinal direction of the hand grip; (re. claim 22) wherein the hand grip is constructed in a lattice design with two struts, namely an upper arc strut 34 (figure 4) and a handle strut 32 (figure 4), extending one above the other in the longitudinal direction of the hand grip, in an arc.
It would have been obvious to one of ordinary skill in the art, at the time of filing to modify Lundstedt by providing a hand grip that comprises at least one hand grip opening wherein the hand grip extends in an arc, so that the hand grip opening remains below the arc in a longitudinal direction of the hand grip; wherein the hand grip is constructed in a lattice design with two struts, namely an upper arc strut and a handle strut, extending one above the other in the longitudinal direction of the hand grip, in an arc, as taught by Kelsay, for the purpose of providing an ergonomic grip that is light weight, durable and comfortable.
Response to Arguments
Applicant's arguments filed 5/1/2026 have been fully considered but they are not persuasive.
Applicant argues that Lundstedt does not disclose a hand grip as claimed. The Examiner respectfully disagrees. The phrase “hand grip” without any further claim limitations regarding the shape or structure of the hand grip is interpreted as any structure that is of a shape able to be gripped by a hand. Element 200 of Lundstedt is of a size, shape and structure that would allow it to be gripped by a hand and therefore serves as a hand grip. Regarding further limitations of dependent claims regarding the structure of the hand grip, references have been cited to teach these limitations as set forth above.
Conclusion
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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Lefkowitz can be reached at (571) 272-2180. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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