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 .
Specification
The disclosure is objected to because of the following informalities:
Paragraphs [045] and [046] are unclear with reference characters. Specifically, Paragraph [045] discusses a first leg 22 and a second leg 24, wherein the exterior of the first leg 22 provides a first brushing surface, and an exterior of a second leg provides a second brushing surface. However, Paragraph [046] discloses a second leg 24 which further discloses a leg portion 24A and a leg portion 24B. Here, the leg portion 24A provides the first brushing surface, a contradiction to the identified first brushing surface of the exterior of the first leg 22, and also a contradiction to leg portion 24A being a part of the second leg 24. It is unclear what is considered the first brushing surface.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because of the following reference character discrepancies:
Reference character “20” has been used to designate both "bristle section" and "coiled section" of Page 4, Paragraph [042]
Reference character “48” has been used to designate both "elbow" in Pages 6-7, Paragraphs [050] and [059] and "arms" in Page 8, Paragraph [062]
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
48B of Page 6, Paragraph [050]
47 of Page 6, Paragraphs [050] and Page 7, Paragraphs [058] and [059]
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 47B of Figure 2A, 76 of Figure 4, and 224A, 224B, 220, and 280 of Figure 9. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because of the following informalities:
In Page 9, Paragraph [068], “Figure 13” is introduced, but Figure 13 does not exist within the supplied drawings; this may be a typographical error within the specification, and is intended to refer to a different drawing
In Pages 6-7, Paragraphs [055] and [057], the reference character(s) “70, 72” are mentioned, but only reference character(s) “70A-I” and “72A-I” have been introduced
In Page 5, Paragraph [046], “Figure 3” is introduced, but does not exist within the supplied drawings
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 5, 8, 10, and 17 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.
Regarding Claim 5, the claim language recites, “The bristle member of claim 4, wherein the angle is approximately 90°.” The term “approximately” in claim 5 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. When seeking to ascertain the intended structure of the claimed invention, the Examiner reflected upon the intended claim scope in light of the specification. Page 5, Paragraph [045] of the specification again describes, inter alia, that “the angle is approximately 90°.” The boundaries of the subject matter are not clearly delineated and the scope is indefinite. Thus, it is unclear what the metes and bounds of the claimed invention are. An example edit, per the Examiner’s suggestion, is as follows: “The bristle member of claim 4, wherein the angle is 90°.”
Regarding Claim 8, the claim language recites, “…and the first leg of the bristle section are separate from and generally parallel to each other.” The term “generally” in claim 8 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. When seeking to ascertain the intended structure of the claimed invention, the Examiner was unable to ascertain the intended claim scope in light of the specification as there was no further details to be had. The boundaries of the subject matter are not clearly delineated and the scope is indefinite. Thus, it is unclear what the metes and bounds of the claimed invention are. An example edit, per the Examiner’s suggestion, is as follows: “…and the first leg of the bristle section are separate from and parallel to each other.”
Regarding Claim 10, the claim language recites, “…and a second portion that are generally parallel to each other…”. Specifically, the term “generally” raises an indefinite issue. When seeking to ascertain the intended structure of the claimed invention, the Examiner was unable to ascertain the intended claim scope in light of the specification as there was no further details to be had. The boundaries of the subject matter are not clearly delineated and the scope is indefinite. Thus, it is unclear what the metes and bounds of the claimed invention are. An example edit, per the Examiner’s suggestion, is as follows: “…and a second portion that are parallel to each other…”.
Further regarding Claim 10, the claim language recites, “…the first portion provides the first brushing surface…”. This claim is indefinite as the Applicant has already disclosed that the first leg provides the first brushing surface, and the second leg provides the second brushing surface, as described in Claim 6. However, the Applicant discloses in Claim 10, “…the second leg comprises a first portion and a second portion…” and “…the first portion provides the first brushing surface…”. When seeking to ascertain the intended structure of the claimed invention, the Examiner reflected upon the intended claim scope in light of the specification and drawings. Paragraph [045] of the Specification describes, inter alia, “…an exterior of the first leg 22 provides a first brushing surface, and an exterior of the second leg 24 provides a second brushing surface”. In view of the drawings for FIG. 2A and FIG. 2B, elements 22 and 24 comprise an L-shaped profile of the bristle section. However, the Examiner reflected upon Paragraph [046] of the Specification where it is disclosed, inter alia, “…the second leg 24 includes a leg portion 24A and a leg portion 24B…” and “The leg portion 24A provides the first brushing surface…”. It is unclear if this is a typographical error, or the intended structure. For purposes of examination, the Examiner is interpreting “…the first brushing surface” as “a first brushing surface”. Please see the below claim language suggestion for clarification, however, please amend the claim to reflect Applicant’s intention. An example of an edit, per the Examiner’s suggestion, is as follows: “…the first portion provides a first brushing surface”.
Regarding Claim 17, the claim language recites, "The cleaning brush of claim 15, comprising: an elastomeric layer; and a cover that compresses the elastomeric layer onto the bristle members, and thereby keeps the locking members in their respective additional openings and limits axial movement of the bristle members along respective central longitudinal axes of their respective coiled sections." There is insufficient antecedent basis for “the locking members”, “their respective additional openings”, and “respective central longitudinal axes” in the claim. It is unclear if these elements are meant to be newly-introduced elements, or something else entirely. The Examiner wishes to provide notice that “mating locking features”, as introduced in Claim 14 and referenced in Claim 15, has appropriate antecedent basis. Please amend the claim to reflect proper antecedent basis. For example, the Applicant may write, “and thereby keeps a plurality of locking members in a plurality of additional openings, at least one locking member in at least one respective additional opening, which limits movement of the bristle members along a plurality of central longitudinal axes of their respective coiled sections, with one longitudinal axis for each respective coiled section.
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) 1-2, 4-6, 12-14, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weinberger et al (US 20120028554 A), herein after referred to as "Weinberger".
Regarding Claim 1, Weinberger discloses a bristle member for a cleaning brush, comprising:
a coiled section and a bristle section that extends from the coiled section (see Page 7, Paragraphs [0159], [0162], and [0163], wherein a scraper head 2 may include one or more spring abraders 12, said spring abraders 12 include spring bristles 40, and furthermore, said spring bristles 40 offer an embodiment with a suspension mechanism 46 and bristle head 56; see also Annotated Figure 5(f) where the bristle head 56 is visibly seen extending from the suspension mechanism 46), wherein the coiled section permits lateral movement of the bristle section along at least one of a first axis and a second axis that are perpendicular to each other (see Page 7, Paragraph [0163], wherein a spring bristle 40 is described allowing multi-axial movement as to permit greater flexibility to users for cleaning applications).
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With respect to Claim 2, Weinberger discloses the claimed invention as applied above, wherein Weinberger further discloses the bristle member of claim 1, wherein:
the first axis and the second axis are coplanar in a plane;
and the coiled section permits lateral movement of the bristle section in any direction in the plane (see Page 8, Paragraph [0165], wherein the suspension mechanism 46 may be any flexible suspension means that enables a wide range of multi-planar motion of spring bristle 40 including horizontal, vertical, and angular, and rotational bending movement of spring bristle 40 and bristle head 56; see also Page 7, Paragraph [0163], as described above regarding a spring bristle 40 allowing multi-axial movement, wherein multi-axial movement encompasses a first axis and second axis which would be understood as being coplanar with respect to a common origin in a 3-D plane).
Regarding Claim 4, Weinberger discloses the bristle member of claim 1, wherein the bristle section includes at least one first brushing surface and at least one second brushing surface (see Page 6, Paragraph [0147] in support of Annotated Figure 5(g), wherein abrasive elements 28 are integrally formed with bristle plate 58 to produce protruding triangular serrations which function as a first brushing surface, and the bristles 60 form a second brushing surface; specifically, the first brushing surface is the outer circumferential edge of the bristle plate 58, and the second brushing surface can be any outer edge side wall of the bristle or bristles 60, with the exception of the distal end of the bristle or any portion of the bristle recessed within the bristle plate 58; see also Annotated Figure 5(h) for a more detailed perspective on the brushing surfaces), the first brushing surface angled with respect to the second brushing surface at an angle (see Page 6, Paragraph [0147] in support of Annotated Figure 5(g), wherein the abrasive elements 28 of the bristle plate 58 have a perpendicular orientation to the bristles 60, with the outer circumferential edge and integrally formed abrasive elements 28 functioning as a first brushing surface, and the side walls of bristles 60 functioning as a second brushing surface, both of which are angled with respect to each other at an angle).
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Regarding Claim 5, Weinberger discloses the bristle member of claim 4, wherein the angle is approximately 90° (see also Annotated Figure 5(g) wherein the first brushing surface and the second brushing surface, identified as the outer circumferential edge of bristle plate 58 and its integrally formed abrasive elements 28, and the side walls of bristles 60, respectively, are perpendicular in orientation to each other, and resultingly forming an angle that is approximately 90°).
Regarding Claim 6, Weinberger teaches the bristle member of claim 4, wherein:
the bristle section includes a first leg and a second leg that meet at a corner (see Annotated Figure 5(g), wherein the first leg is the entire structure of bristle plate 58 and the second leg is at least one of the entire structure of a bristle 60, both of which meet at a corner on the bristle plate 58; see also Annotated Figure 5(h) and Annotated Figure 5(f) for different perspective views of the corner where the bristle plate 58 and at least one of the bristles 60 meet);
the first leg provides the first brushing surface (see Annotated Figure 5(g), wherein the first brushing surface is the outer circumferential edge of the bristle plate 58 where abrasive elements 28 are integrally formed with bristle plate 58);
and the second leg provides the second brushing surface (see Annotated Figure 5(g), wherein the second brushing surface is the outer edge side wall of the bristle or bristles 60).
Regarding Claim 12, Weinberger recites a cleaning brush, comprising:
a head having a plurality of first openings (see Page 8, Paragraph [0165] in support of Annotated Figure 5(a) (Weinberger), where a scraper assembly 100 has a modular frame component 26 that functions as a brush head for which spring bristle 40 can be attached, said modular frame component 26 further comprising a plurality of openings for said spring bristles to be affixed to; see also Annotated Figure 5(f), wherein a suspension mechanism 46 is secured within one of the plurality of openings seen in Annotated Figure 5(a) (Weinberger));
and a plurality of bristle members that extend through the first openings (see Annotated Figure 5(a) (Weinberger), a plurality of spring bristles 40 extend through a plurality of openings), each bristle member comprising a coiled section and a bristle section that extends from the coiled section (Page 8, Paragraph [0164], spring bristle 40 includes a suspension mechanism 46 that may be connected to bristle head 56), wherein each coiled section permits lateral movement of its respective bristle section along at least one of a first axis and a second axis that are perpendicular to each other (Pages 7-8, Paragraphs [0163], wherein spring bristles 40 permit multi-axial movement; see also Page 8, Paragraph [0165], wherein suspension mechanism 46 may be any flexible means that enables a wide range of multi-planar motion of spring bristle 40).
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With respect to Claim 13, Weinberger discloses the claimed invention as applied above, wherein Weinberger further discloses the cleaning brush of claim 12, wherein:
the first axis and the second axis are coplanar in a plane (see Pages 7-8, Paragraphs [0163], the multi-axial movement encompasses a first axis and second axis with respect to a common origin in a 3-D plane), and;
and the coiled section permits lateral movement of the bristle section in any direction in the plane (see Pages 7-8, Paragraphs [0163], multi-axial movement of spring bristle 40, for which suspension mechanism 46 is a component of, with respect to a common origin in a 3-D plane).
With respect to Claim 14, Weinberger discloses the claimed invention as applied above, wherein Weinberger further discloses the cleaning brush of claim 12, comprising a plurality of mating locking features on the head and the plurality of bristle members that interlock to limit rotation of the plurality of bristle members with respect to the head (see Annotated Figure 5(a) (Weinberger) and Annotated Figure 5(f), wherein an unlabeled threaded fastener is used to affix the suspension mechanism 46 to the modular frame component 26, said modular frame component 26 having a set of threads for receiving said fastener).
With respect to Claim 19, Weinberger discloses the cleaning brush of claim 12, wherein the bristle section includes a first brushing surface and a second brushing surface (see Annotated Figure 5(g), wherein the first brushing surface is the outer circumferential edge of the bristle plate 58 where abrasive elements 28 are integrally formed with bristle plate 58, and the second brushing surface is the outer edge side wall of at least one of the bristles 60, with the exception of the distal end of the bristle or any portion of the bristle recessed within the bristle plate 58), the first brushing surface angled with respect to the second brushing surface at an angle (see Page 6, Paragraph [0147] in support of Annotated Figure 5(g), wherein the outer circumferential edge of bristle plate 58 and its integrally formed abrasive elements 28 have a perpendicular orientation to the outer edge side walls bristles 60, with the outer circumferential edge of the bristle plate 58 functioning as a first brushing surface and the side walls of the bristles 60 functioning as a second brushing surface, both of which angled with respect to each other at an angle).
With respect to Claim 20, Weinberger discloses the cleaning brush of claim 19, wherein:
the bristle section includes a first leg and a second leg that meet at a corner (see Annotated Figure 5(g), wherein the first leg is the entire structure of the bristle plate 58, and the second leg is the entire structure of at least bristle 60, both of which meet at a corner on the bristle plate 58; see also Annotated Figure 5(h) and Annotated Figure 5(f) for different perspective views of the corner where the bristle plate 58 and at least one of the bristles 60 meet);
the first leg provides the first brushing surface (see Annotated Figure 5(g), wherein the first brushing surface is the outer circumferential edge of the bristle plate 58 where abrasive elements 28 are integrally formed with bristle plate 58);
and the second leg provides the second brushing surface (see Annotated Figure 5(g), wherein the second brushing surface is the outer edge side wall of at least one bristle 60).
Any claim listed as rejected above but not specifically addressed above has inherited the rejection of a claim specifically addressed above due to dependency therefrom.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinberger et al (US 20120028554 A1), herein after referred to as "Weinberger".
Regarding Claim 3, Weinberger discloses the bristle member of claim 1 (in the embodiments seen in Annotated Figures 5(f)).
Weinberger does not disclose wherein the coiled section is frustoconical and tapers inwardly towards the bristle section (in the embodiment of Annotated Figure 5(f), the coiled section is not frustoconical).
However, within the same field of endeavor, Weinberger later discloses an alternate embodiment of a bristle member embodiment wherein the coiled section is frustoconical and tapers inwardly towards the bristle section (see Page 10, Paragraph [0185] in view of Annotated Figure 12, wherein a shaft 48 is integrally formed with a coiled spring suspension mechanism 46).
Shaft 48 is described as a conical coiled spring that tapers to a distal end for abrading a surface, further comprising a base of shaft 48 larger than an end of the coiled spring suspension mechanism 46 (see Page 10, Paragraph [0185]). The integrally formed coiled spring suspension mechanism 46 is described as having wide base to connect with a scraper assembly 100 that tapers inwards to the connected coiled shaft 48, resulting in a spring bristle 40 with an overall “tree shaped configuration” from a single flexible wire.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Weinberger such that the embodiment taught by Annotated Figure 5(f) instead has a frustoconical coiled section as disclosed in Annotated Figure 12. One would be motivated to combine the characteristics of a frustoconical coiled section 46 (see Annotated Figure 12) to the bristle section 56 already embodied by Weinberger (see Annotated Figure 5(f)) due to the wide base of the frustoconical coiled section offering greater available surface area for mounting a spring bristle 40 to a modular frame component 26, and would require little effort to someone of ordinary skill in the art with the motivation to improve spring bristle mounting characteristics to attempt.
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Regarding Claim 18, Weinberger discloses the cleaning brush of Claim 12 (see Annotated Figure 5(f) and Annotated Figure 5(a) (Weinberger), wherein the disclosed bristles are affixed to a modular frame component 26 of scraper assembly 100 to form a cleaning brush).
Weinberger does not disclose wherein the coiled section is frustoconical and tapers inwardly towards the bristle section.
However, from the same or similar field of endeavor, Weinberger discloses an alternate bristle embodiment wherein the coiled section is frustoconical and tapers inwardly towards the bristle section (see Page 10, Paragraph [0185] in view of Annotated Figure 12, wherein a shaft 48 is integrally formed with a frustoconical coiled spring suspension mechanism 46).
Shaft 48 is described as a conical coiled spring that tapers to a distal end for abrading a surface, further comprising a base of shaft 48 larger than an end of the coiled spring suspension mechanism 46 (Weinberger: see Page 10, Paragraph [0185]). The integrally formed coiled spring suspension mechanism 46 is described as having wide base to connect with a scraper assembly 100 that tapers inwards to the connected coiled shaft 48, resulting in a spring bristle 40 with an overall “tree shaped configuration” from a single flexible wire (Weinberger: see Page 10, Paragraph [0185]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Weinberger such that the embodiment taught by Annotated Figure 5(f) and Annotated Figure 5(a) instead has a plurality of frustoconical coiled sections as disclosed in the alternate embodiment of Annotated Figure 12. The frustoconical coiled sections of the suspension mechanism 46 offer a greater surface area, with their wide base, for mounting a plurality of spring bristles 40 to a modular frame component 26, and would require little effort to someone of ordinary skill in the art with the motivation to improve spring bristle mounting characteristics to try to combine such attributes to create a cleaning brush matching the disclosed invention.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinberger et al (US 20120028554 A1), herein after referred to as "Weinberger", in view of Wang (CN 105970863 A), herein after referred to as “Wang”.
Regarding Claim 7, Weinberger discloses the bristle member of claim 6, wherein:
the bristle member has a proximal end and a distal end, the coiled section terminating at the proximal end (see Page 8-9, Paragraph [0171] in view of Annotated Figure 5(f), wherein a distal end of rod 52 may be integrally or removably connected to bristle head 56, and rod 52 is used to connect the bristle head 56 of spring bristle 40 to a suspension mechanism 46);
Weinberger does not disclose in the embodiment illustrated in Annotated Figure 5(f) the coiled section and bristle section are formed by a curved bar, a first end of the curved bar comprising a post that extends from the proximal end towards the distal end outside of the coiled section.
However, from the same or similar field of endeavor, Weinberger later discloses an alternate embodiment of the bristle section wherein the coiled section and bristle section are formed by a curved bar (see Annotated Figure 7 (Weinberger), wherein a spring bristle 40 is comprised of a curved bar).
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It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the original embodiment seen in Annotated Figure 5(f) and the alternate embodiment of Annotated Figure 7 (Weinberger) to form a spring bristle 40 with the characteristics of the claimed invention above, further comprising the bristle member of Claim 6 with an explicitly defined proximal and distal orientation, now comprised of a curved bar spring bristle 40, with a coiled section terminating at the proximal end. With the embodiment no longer explicitly comprising a bristle plate 58 (see Annotated Figure 5(h)) the first and second brushing surfaces and legs are replaced by the twisted bar structure of the new spring bristle 40. The straight bristle section of the shaft 48 offers a first leg with a first brushing surface along an outer edge side wall, and the twisted bar offers a second leg with a respective second brushing surface along an outer edge side wall, both of which meet at a curve at the distal tip of the spring bristle member. With respect to Annotated Figure 7 (Weinberger), the shaft 48 offers increased flexibility and overall structural reinforcement (see Page 9, Paragraph [0180], and furthermore already shows a bristle section integrally connected to a coiled section. Analyzing Annotated Figure 5(f) and Annotated Figure 7 (Weinberger), we note the suspension mechanism 46 remains unchanged across embodiments, thus easing the burden of combining these differing embodiment characteristics should someone of ordinary skill in the art seek to combine their characteristics.
However, from the same or similar field of endeavor, Wang discloses the coiled section and bristle section are formed by a curved bar (see Annotated Figure 2 and Annotated Figure 3 (Wang), a singular curved bar comprises each bristle member, and each bristle member further comprises a torque spring 7 attached to a brush shaft 6), a first end of the curved bar comprising a post that extends from the proximal end towards the distal end outside of the coiled section (see Wang, Page 4, line 7 of the English translation, in view of Annotated Figure 3 (Wang), a post attached to the torque spring 7 is seen extending from the proximal end towards the distal end outside of the coiled section).
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Both Modified Weinberger and Wang disclose bristle members and bristle heads intended to brush surfaces, and similar bristle members embodied to accomplish this task. The apparatus disclosed by Modified Weinberger above comprises the bristle member of Claim 6 above, and further specifies a proximal and distal end with a coiled section terminating at the proximal end, as outlined above with respect to Annotated Figure 5(f), and a curved bar (Weinberger: See Page 9, Paragraph [0180]) intended for abrading surfaces such as grilling surfaces for cooking (Weinberger: See Abstract, Page 1). Wang offers an alternative bristle member intended to be used by street-sweeping vehicles comprising a curved bar with a post outside of the coiled section that extends from the proximal to distal end before terminating (Wang: See Abstract, Page 1, lines 8-10 of the English translation in view of Annotated Figure 3 (Wang)). A plurality of torque springs, with a hardened alloy pipe 8 affixed over the distal end of the torque spring, are to be mounted along a brush shaft 7 and contained within a torque spring brush seat, as illustrated in Annotated Figure 2, for mounting to a disc later to be used by a street sweeping vehicle (Wang: See Page 2, lines 6-24 of the English translation). The current configuration of the torque spring 7 relies upon singular curved wires with hardened tips as to extend the lifespan of bristle members, and a coiled section to offer flexibility during operational use. This sentiment of extending operational service per bristle is continued in further embodiments by Wang (see Abstract, Page 1, lines 17-21 of the English translation), as seen in Annotated Figure 6 and Annotated Figure 7 (Wang), where the torque spring 7 has been replaced by a cylindrical spring 11 and cylindrical spring brush seat 10.
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It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined Modified Weinberger in view of Wang such that a bristle member, having a proximal end and distal end with a coiled section terminating at the proximal end as seen in Annotated Figure 5(f), and a curved bar taught by Annotated Figure 7 (Weinberger), would further comprise a post as disclosed by Wang in Annotated Figure 3 (Wang). The post would be affixed to the proximal end of the suspension mechanism 46 of Modified Weinberger outside of the coiled section, similar to the configuration of Annotated Figure 3 (Wang). Here, the post would specifically be affixed to the curved bar suspension mechanism 46, with the suspension mechanism 46 retaining its respective orientation taught by Modified Weinberger. The orientation of the introduced post extends from the proximal end towards the distal end of the spring bristle 40, outside of the coiled section (i.e. suspension mechanism 46) as disclosed in Annotated Figure 3 (Wang).
One would be motivated to combine a post, as shown in Annotated Figure 3 (Wang), onto the spring bristle 40, as shown in Annotated Figure 5(f), to improve stability of the bristle member by providing another mating feature to secure the bristle member to any bristle head, assuming appropriate mounting options are available. Additional mounting also aides the suspension mechanism in maintaining stability under multiaxial movement, as taught by Modified Weinberger (see Page 9, Paragraph [0180]). Weinberger already notes that the suspension mechanism may be any flexible suspension means, perpendicularly or angularly mounted with respect to the modular frame component 26 in support of multi-planar motion of the spring bristle (Weinberger, Paragraph [0165]). Furthermore, such modifications in support of multi-planar motion would be particularly easy to perform under Modified Weinberger as spring abraders 12 may be removably attached to the housing 6 by means of the modular frame component 26 that is incorporated in our embodiment (Weinberger: Paragraph [0161]). Under such benefits and improvements, someone of ordinary skill in the art would have been motivated to combine these characteristics to improve a bristle member with the intent of improving stability.
Regarding Claim 8, Weinberger (Annotated Figure 5(f)) in view of the alternate Weinberger embodiment (Annotated Figure 7 (Weinberger)), and in further view of Wang, discloses the claimed invention above, and further discloses the bristle member of claim 7, wherein respective central longitudinal axes of the post, the coiled section, and the first leg of the bristle section are separate from and generally parallel to each other. In the embodiment disclosed in Annotated Figure 3 (Wang), the post is offset from the coiled section and the bristle section similar to the claimed invention, but has an orientation of the coiled section different than the scope of the claim. However, Annotated Figure 6 and Annotated Figure 7 (Wang) disclose a structural equivalent of a post outside the coiled section that is offset to the outer radius of the coiled section, said coiled section having the appropriate orientation to the claimed invention. One of ordinary skill in the art, before the effective filing date, would be motivated to combine the features of an offset post and bristle section from the coiled section based on the intended structure of Annotated Figure 7 (Weinberger), wherein the suspension mechanism 46 may be configured to reinforce, offset, compliment, or otherwise cooperate and enhance the capabilities of shaft 48 (see Page 9, Paragraph [0176]). Applying such modifications to the alternate embodiment of Annotated Figure 7 (Weinberger) such that the central longitudinal axes of the post, coiled section, and the bristle section are offset from each other in support of increasing shaft 48 flexibility would require little effort to someone having ordinary skill in the art.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinberger et al (US 20120028554 A1), herein after referred to as "Weinberger", in view of Merlaku (DE 102005009964 A1), herein after referred to as “Merlaku”.
Regarding Claim 9, Weinberger teaches the bristle member of claim 6, wherein the bristle member includes the bristle section and the coiled section, with respect to the embodiment of Annotated Figure 5(f).
Weinberger does not teach the bristle member includes at least one retrograde curve.
However, from the same or similar field of endeavor, Merlaku discloses the bristle member includes at least one retrograde curve (see Annotated Figure 5a (Merlaku), a Z-shaped bristle member disclosed offers a retrograde curve near the root area 6 of the toothbrush 1).
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Both Weinberger and Merlaku disclose variations of bristles with at least one embodiment containing a plurality of bristle members having a coiled section attached to a brush head, and a bristle section on the opposite end of the bristle member from the coiled section. Weinberger teaches a bristle member and respective brush head for abrading surfaces such as those seen on grills (Weinberger: See Abstract, Page 1), whereas Merlaku identifies bristles for a toothbrush (Merlaku: See Abstract, Page 1, lines 8-9 of the English translation). However, both embodiments function to abrade a surface, and specifically, the physical structural characteristics disclosed by Merlaku (i.e. Z-shaped bristles) offer a greater variety of bristle surfaces for abrading actions. Additionally, the Z-shaped bristle profile disclosed by Merlaku is described as offering spring properties to the bristle (Merlaku: See Disclosure, Page 2, lines 20-21 of the English translation), a trait offering greater range of motion for a bristle 60 section disclosed by Weinberger (Annotated Figure 5(f)). It would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Weinberger to replace the straight bristle 60 with a Z-shaped bristle as to offer a greater mobility characteristics and greater variety of surface areas for abrading. By keeping the coiled section of Weinberger, and incorporating the Z-shaped bristle of Merlaku, lateral movement of the bristle section is unhindered (Merlaku: Abstract: Page 1, lines 11-12, and Page 2, lines 20-21 of the English translation), additional brushing surfaces and respective additional legs are still present, and the bristle member now offers a retrograde curve between the bristle section and the coiled section.
With respect to Claim 10, Weinberger in view of Merlaku teaches the claimed invention as applied above, wherein Modified Weinberger further discloses the bristle member of claim 9, wherein:
the second leg comprises a first portion and a second portion that are generally parallel to each other, and that meet at a curved elbow (see Annotated Figure 5a (Merlaku), the second leg is disclosed as the entire structure of a bristle or bristles 60, wherein Modified Weinberger discloses Z-shaped bristles that meet at an elbow as to provide a first portion and a second portion, and are parallel due to the Z-shaped profile of the bristles);
the first portion provides the first brushing surface (see Annotated Figure 5a (Merlaku), the first portion is the section of the Z-shaped bristle in Modified Weinberger that is closest to the distal end of the bristle member which provides a first brushing surface);
and the second portion, which is closer to the coiled section than the first portion, connects to the coiled section through at least one retrograde curve (see Annotated Figure 5a (Merlaku), this is the section of the Z-shaped bristle that is both parallel with the first portion discussed above, and is closer to the coiled section; furthermore, this second portion in Annotated Figure 5a (Merlaku) is shown connecting to the root area 6 of the bristles with an additional curve, thus offering a retrograde curve to connect to the coiled section for Modified Weinberger).
With respect to Claim 11, Weinberger in view of Merlaku teaches the claimed invention as applied above, wherein Modified Weinberger further discloses the bristle member of claim 9, wherein the bristle section and the at least one retrograde curve are coplanar (see Annotated Figure 5a (Merlaku), the description of a 2-D visual profile for a Z-shaped bristle renders unto itself a coplanar existence between the bristle section and the elbows which comprise the corners of the Z-shaped bristles).
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinberger et al (US 20120028554 A1), herein after referred to as "Weinberger", in view of Holland (US 5184368 A), herein after referred to as "Holland", as applied above, and in further view of Wang (CN 105970863 A), herein after referred to as “Wang”.
Regarding Claim 15, Weinberger discloses the cleaning brush of claim 14, wherein:
each coiled section extends through a respective one of the first openings (see Annotated Figure 5(f), wherein the suspension mechanism 46 is mounted within an aperture of the modular frame component 26; see also Annotated Figure 5(a) (Weinberger), wherein the plurality of bristle members is mounted in the modular frame component 26).
Weinberger does not disclose the plurality of mating locking features includes a plurality of second openings that are separate from the first openings and include a plurality of posts that extend through the plurality of second openings;
and each post is outside of the coiled section of its respective bristle member.
Within the same or similar field of endeavor, Holland teaches the plurality of mating locking features includes a plurality of second openings that are separate from the first openings that could each accommodate a plurality of additional coil length that extend through the plurality of second openings (see Holland, Col. 3, lines 31-47 in view of Annotated Figure 1 and Annotated Figure 3 (Holland), wherein a toothbrush head has an elastic material 12 stamped with a plurality of spirally-extending slits 14, said spiral-slits defining a plurality of spirally-extending elements 16 that are integrally formed with the elastic material 12 in support of stable mounting solutions, and also function as mating locking features when the spirally-extending elements 16 interact with the spirally-extending slits 14).
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Holland discloses a plurality of second openings, as indicated by spiral slits 14 of Annotated Figure 3 (Holland), to accommodate the spirally-extending elements 16, where the spring mounting for the bristle holders 10 comprises a planar strip 12 of elastic material (Col. 3, lines 32-33). Referring to Annotated Figure 1 and Annotated Figure 3 (Holland), the spirally-extending element 16 extends into the elastic material 12 in a second opening 14 that is separate from the first opening 18, each spirally-extending slit 14 accommodating each spiral-extending element.
Applied to Modified Weinberger, a second opening would be provided in the elastic material layer compressed onto the modular frame component 26, similar to that disclosed by Holland (i.e. remove a threaded fastener, and instead have the suspension mechanism 46 spirally-extend through the apertures provided in the modular frame component 26). Under this modification, the first opening in the modular frame component 26 would remain to accommodate the suspension mechanism 46 which now spirally-extends through said first opening. A second opening would be provided in the form of a slit in the elastic layer, compressed onto the modular frame component, for receiving each suspension mechanism 46, and their spirally-extending additional length of coil beyond the first opening. Visually, this is most similar to Annotated Figure 1 where the spirally-extending elements enter a second opening 14 within the elastic layer 12. This elastic layer, which is compressed onto the modular frame component from above with a cover (see Annotated Figure 1 in view of Holland, Col. 3, lines 51-53, wherein a cover plate 20 compresses the elastic layer), offers stability and ease of manufacture (Holland: Col. 3, lines 63-68).
Furthermore, when the elastic material receives an additional length of coil from the suspension mechanism 46, this creates a mating locking feature. This is supported by the applicant specification where Page 7, Paragraph [057] of the specification describes, inter alia, “The plurality of posts 46 and plurality of second openings 72 interlock and provide mating locking features on the head 14.” Here, the posts function identically to the additional length of coil from the suspension mechanism 46, and extend through a plurality of second openings to interlock within the elastic layer, thus providing a mating locking feature.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined Weinberger in view of Holland, such that the cleaning brush of Claim 15 further comprises a plurality of mating locking features which include a plurality of second openings in the modular frame component 26. Here, each second opening is a slit in an elastic layer compressed onto the modular frame component 26, and is associated with a respective first opening for receiving a suspension mechanism 46 of a bristle member (Weinberger, see Paragraph [0165], wherein the suspension mechanism 46 may be any flexible suspension means, perpendicularly or angularly mounted with respect to the modular frame component 26, and thus substituting this modified suspension mechanism 46 would require no effort).
Each second opening that is receiving an additional length of coil from the suspension mechanism offers a cheaper alternative to the unlabeled fasteners taught by Weinberger in the embodiment of Annotated Figure 5(f), as the coils (i.e. suspension mechanisms 46) can be stamped to the strip of elastic material to produce a low-cost solution in sizable volumes (Col. 3, lines 63-68). Furthermore, a first and second opening offers a greater quantity of mounting options in support of supplying increased stability for the entire spring bristle 40 as opposed to the original design where an unlabeled, threaded fastener was the only means of affixing the suspension mechanism 46 to the modular frame component 26.
Holland does not disclose a plurality of posts, or each post is outside of the coiled section of its respective bristle member.
However, from the same or similar field of endeavor, Wang discloses a plurality of posts (see Annotated Figure 2 and Annotated Figure 3 (Wang), wherein the torque spring 7 includes a post extending from the proximal end of the bristle member);
and each post is outside of the coiled section of its respective bristle member (see Annotated Figure 3 (Wang), wherein the torque spring 7 includes a post that is outside of the coiled section; see also Annotated Figure 7 (Wang), the cylindrical spring 11 has a post extending past the coiled section).
Under the embodiment discussed by Weinberger in view of Holland, a second opening is provided within an elastic layer slit for receiving an additional length of coil from the suspension mechanism 46. This employs a spirally-extending element, as indicated in Annotated Figure 1 and Annotated Figure 3 (Holland) that twists into the elastic material and is stamped during fabrication to remain stationary. Holland cites that this is a low-cost solution that can be produced in sizable volumes (Col. 3, lines 63-68), but this solution is intended for a toothbrush where the bristle members are not intended to be replaced. However, under the embodiments disclosed by Wang (specifically, Annotated Figure 3 (Wang) and Annotated Figure 7 (Wang)), a bristle member is shown individually, and also when inserted into the equivalent of a brush head (specifically, Annotated Figure 2 and Annotated Figure 6). Wang also describes such bristles as replaceable due to the nature of their use in street sweeping, thus subjecting them to considerable wear and requiring frequent replacement (Wang: Page 2, lines 21-29 of the English translation). Weinberger already supports interchangeable bristles, wherein a spring abrader 12 may be removably attached to housing 6 via modular frame component 26 (Weinberger: see Paragraph [0161]).
A person having ordinary skill in the art, before the effective filing date, would be motivated to combine the disclosed post by Wang to the embodiment taught by Weinberger in view of Holland for the purposes of mounting stability and interchangeable bristle members. While the recitation of the claim language in Claim 15 supports simply having a post horizontally extend within the elastic material layer slit 14, there is greater motivation to make such components interchangeable.
Annotated Figure 3 (Wang) discloses a post mounted outside of a coiled section of a bristle that, if bent where the coiled section meets the bristle section such that the coiled section orientation matches Annotated Figure 5(f), it would physically and functionally operate nearly identical to the bristle member and brush head disclosed by Modified Weinberger, with the exception of the additional length of coil being a straight member as opposed to a spirally-extending element. Here, the coiled section would have a vertical orientation (i.e. the central longitudinal axis of the coiled section is not horizontal in orientation as disclosed by Annotated Figure 3 (Wang), but vertical in orientation as disclosed by Annotated Figure 5(f)).
To support the ease of exchanging of bristles, the post is instead inserted in a plurality of second openings in the modular frame component 26, instead of the elastic layer introduced by Modified Weinberger. Here, the elastic material layer 12 can be independently removed, and each individual bristle member affixed to the brush head can be accessed during maintenance. The stability benefits of having a second opening would motivate someone having ordinary skill in the art to keep this design decision implemented in further embodiments, as long as they do not interfere with the multi-planar motion capabilities of the suspension mechanism (Weinberger, Paragraph [0165]). The disclosed post can be shaped in any way that accommodates the modular frame component 26 best, and is inserted into a second opening in the modular frame component 26 to coincide with the suspension mechanism 46 already inserted in the first opening. The elastic layer provides the added benefit of frictionally-immobilizing the post and suspension mechanism 46 by compressing the exposed sections of the bristle member onto the modular frame component 26. This would remove the stamping of the suspension mechanism 46 to the elastic layer as discussed by Holland (Col. 3, lines 63-68), and thus remove the need to replace the entire brush head and elastic layer should a singular bristle member be rendered non-functional.
The result of such modifications is a cleaning brush where each coiled section (i.e. suspension mechanism 46) extends through a first opening on the brush head (see Annotated Figure 5(f)), and a plurality of mating locking features that are separate from the first opening include a plurality of posts that extend through a plurality of second openings. Here, the posts disclosed in Annotated Figure 3 (Wang) and Annotated Figure 7 (Wang) are affixed to the suspension mechanism 46 of Modified Weinberger, and each post has an associated second opening with respect to a first opening. The insertion of the bristle member with a post into their respective first and second openings provides a mating locking feature that is bolstered by an elastic layer, which is compressed onto the exposed coils of the modular frame component 26. A person having ordinary skill in the art, before the effective filing date, would be motivated to combine these aspects in support of offering a cleaning brush that is easy to manufacture (Holland: Col. 3, lines 63-68), has bristles that are mounted stably, and offers easily interchangeable bristles (Weinberger, Paragraph [0161]), all supported by the reasonings discussed above for Claim 15.
Regarding Claim 16, Weinberger in view of Holland in view of Wang discloses the claimed invention above, with Modified Weinberger further disclosing the cleaning brush of claim 15, wherein:
each of the plurality of second openings is an opening in the head and is associated with a respective one of the first openings (Modified Weinberger teaches a first opening and a second opening for each bristle member, and each second opening is an opening in the head of a brush, as supported by the reasoning discussed in Claim 15, most pertinently pertaining to the first and second openings provided by Holland, Col. 3, lines 31-47; Modified Weinberger also teaches the post of each bristle member is affixed to the suspension mechanism 46, as previously discussed in Claim 15);
and each of the plurality of posts extends from a respective one of the bristle members through its respective second opening (Modified Weinberger teaches the post of each bristle member is affixed to the suspension mechanism 46, as previously discussed in Claim 15, and each post is to function as a locking mechanism upon insertion within a second opening while the suspension mechanism is to be inserted into the first opening of the modular frame component 26);
With respect to Claim 17, Weinberger in view of Holland in view of Wang discloses the claimed invention above, with Modified Weinberger further disclosing the cleaning brush of claim 15, comprising:
an elastomeric layer (see Annotated Figure 1, an elastic material 12 acts as a base for mounting spring bristles);
and a cover that compresses the elastomeric layer onto the bristle members (see Annotated Figure 1, cover plate 20), and thereby keeps the locking members in their respective additional openings and limits axial movement of the bristle members along respective central longitudinal axes of their respective coiled sections (Holland: Col. 3, lines 31-47, planar strip 12 of elastic material for spring mounting).
The elastic layer 12 of the brush head 4, as indicated by Annotated Figure 1, offers a mounting solution to the respective brush head disclosed by Holland, with benefits to decreased costs for production and increased manufacture volume (Holland: Col. 3, lines 63-69), and also increased life span of the brush head for its construction (Holland: Col. 3, lines 63-65). These benefits would greatly improve the overall survivability, interchangeability, and functionality of the modified bristle(s) and brush head taught by Modified Weinberger, and one of ordinary skill in the art, before the effective filing date, would be motivated to add a cover plate compressing an elastic material onto the modular frame head 26 in contact with the exposed suspension mechanism 46 and post components for the aforementioned reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Webb (US 20210186203) teaches a grill cleaner having a plurality of coil spring abraders attached to a brush head. Webb discusses coil abraders with a frustoconical tapered coiled section (see Page 3, Paragraph [0060], each spring 206 has a proximate end 208 with an end diameter 254 greater than the main body diameter; see also FIG. 8 of Webb), defining a proximal and distal orientation (see Page 3, Paragraph [0062], proximate end 208, distal application end 210), and retained within the brush head by a back plate 360 with a material subject to user selection based on aesthetic or durability reasons (i.e. elastomeric layer, see Page 4, Paragraph [0071]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON M HEGEMIER whose telephone number is (571)467-6405. The examiner can normally be reached Monday-Friday 9:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JON M HEGEMIER/Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723
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