DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Medicine
Status of Claims
This action is in reply to the communications filed on 2/13/2024.
The Examiner notes claims 1-19 are currently pending and have been examined.
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.
And/or
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9, 12-17, & 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meadows et al. (US 4158246), hereinafter Meadows.
Regarding claim 1 & 12. (Each claim status is listed above in the Status of Claims section) Meadows discloses a manual s3crubber device [11] for a swimming pool or spa [Col5:line1-5; 11 is water proof and can be used for a swimming pool or spa], the manual scrubber device comprising a housing [Fig 4; Col5:line1-5; 12-14 form a waterproof housing], a pad support [130], and a motor within the housing [Fig 4 & 26; 94], the motor configured to move the pad support relative to the housing [Fig 4, 10, & 26; Col6:line54 – Col7:line6 & Col7:line31-33; 94 is connected to 130 through the gear system (90)], wherein the manual scrubber device is waterproof and submersible [Col5:line1-5; as the device is waterproof it can be submerged].
Regarding claim 2. Meadows discloses the manual scrubber device of claim 1, further comprising an onboard power source [Fig 4; 10].
Regarding claim 3. Meadows discloses the manual scrubber device of claim 1, further comprising a pad on the pad support [Fig 4; Col8:line1-14; 130 can receive pads or brushes].
Regarding claim 4. Meadows discloses the manual scrubber device of claim 3, wherein the pad comprises at least one of a scrubber, a sponge, or a brush [Col8:line1-32; the pad can be a scrubber or brush].
Regarding claim 5. Meadows discloses the manual scrubber device of claim 3, wherein the pad is removable from the pad support [Col8:line1-14; the pad is removable via snap-fit connections].
Regarding claim 6. Meadows discloses the manual scrubber device of claim 1, wherein the motor is configured to rotate the pad support relative to the housing [Fig 4, 10, & 26; Col6:line54 -Col7:line6 & Col7:line31-68; 94 rotates 130 and its associated pad relative to the housing].
Regarding claim 7. Meadows discloses the manual scrubber device of claim 1, wherein the motor is configured to move the pad support responsive to an application of a pressing force moving the housing towards the pad support [Fig 26 & 29; Col8:line57 – Col9:line5 & Col9:line53-line61, & Col9:line66 – Col10:line2; to operate the motor both switches 145 & 146 are required to be press and 145 is press by pushing the housing toward the pad which moves 130 from an expanded state to a compressed state].
Regarding claim 8. Meadows discloses the manual scrubber device of claim 1, further comprising an activation button for controlling the motor between a deactivated state and a standby state [Fig 26 & 29; Col8:line57 – Col9:line5 & Col9:line53-line61, & Col9:line66 – Col10:line2; 146 is an activation button for controlling the motor between a deactivated state and a standby state].
Regarding claim 9. Meadows discloses the manual scrubber device of claim 1, wherein the housing further comprises a gripping feature opposite from the pad support [Fig 4; 15].
Regarding claim 12. Meadows discloses a waterproof, submersible manual scrubber device for a swimming pool or spa, the manual scrubber device comprising a housing, a pad support, and a motor, the motor configured to move the pad support relative to the housing based on linear movement of the housing relative to the pad support. [Claim 12 has the same or similar limitations to claims 1 & 7 and is therefore rejected for the same or similar reasons as claims 1 & 7]
Regarding claim 13. Meadows discloses the waterproof, submersible manual scrubber device of claim 12, wherein the motor is configured to move the pad support based on linear movement from an expanded position to a compressed position relative to the pad support. [Claim 13 has the same or similar limitations to claims 7 and is therefore rejected for the same or similar reasons as claims 7]
Regarding claim 14. Meadows discloses the waterproof, submersible manual scrubber device of claim 12, further comprising a pad on the pad support, wherein the pad comprises at least one of a scrubber, a sponge, or a brush. [Claim 14 has the same or similar limitations to claims 4 and is therefore rejected for the same or similar reasons as claims 4]
Regarding claim 15. Meadows discloses the waterproof, submersible manual scrubber device of claim 12, wherein the motor is configured to move the pad support responsive to an application of a pressing force moving the housing towards the pad support. [Claim 15 has the same or similar limitations to claims 7 and is therefore rejected for the same or similar reasons as claims 7]
Regarding claim 16. Meadows discloses a method of cleaning with a waterproof, submersible manual scrubber device comprising a housing, a pad support, and a motor within the housing, the method comprising (i) activating the motor from a deactivated state to a standby state by actuating a button and (ii) activating the motor from the standby state to an active state by applying a force moving the housing towards the pad support [Fig 26 & 29; Col8:line57 – Col9:line5 & Col9:line53-line61, & Col9:line66 – Col10:line2; to operate the motor both switches 145 & 146 are required to be press and 145 is press by pushing the housing toward the pad which moves 130 from an expanded state to a compressed state; switch (146) must be pressed to place the motor into a standby state and then once a force has moved 130 to close switch (145) then the motor is activated].
Regarding claim 17. Meadows discloses the method of claim 16, further comprising operating the manual scrubber in the active state, wherein in the active state, the motor is configured to rotate the pad support relative to the housing [Fig 4, 10, & 26; Col6:line54 -Col7:line6 & Col7:line31-68; once the motor (94) is activated it rotates 130 and its associated pad relative to the housing].
Regarding claim 19. Meadows discloses the method of claim 16, further comprising supporting a first pad on the pad support and replacing the first pad with a second pad, wherein the first pad and the second pad are different types of pads [Col7:line48-54 & Col7:line62-68; different types of pads can be attached to the pad support to perform different types of cleaning, scrubbing, or abrading].
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) 10-11 & 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meadows in view of Schonewille et al. (US 20080155769), hereinafter Schonewille.
Regarding claim 10. Meadows discloses a cleaning system comprising … and the manual scrubber device of claim 1,…
Meadows may not explicitly disclose a rod, a holder on the rod, and wherein the holder is configured to receive a portion of the housing of the manual scrubber device within a receiving area.
Schonewille teaches a similar cleaning system comprising a rod [Fig 1-2 & 16-17; 254], a holder on the rod [Fig 1-2 & 16-17; 262], and a scrubber [Fig 1-2, the scrubber is formed by 12 & 14] wherein the holder is configured to receive a portion of the housing of the manual scrubber device within a receiving area [Fig 1-2 & 16-17; the scrubber receives a portion of 12 of the scrubber in a receiving area (276)].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cleaning system as disclosed by Meadows to have a rod, a holder on the rod, and wherein the holder is configured to receive a portion of the housing of the manual scrubber device within a receiving area as taught by Schonewille for the purpose of providing an extended handle to the scrubber to reach areas at an extended position [Schonewille: ¶113].
Regarding claim 11. Meadows discloses the cleaning system of claim 10, wherein the holder is configured to hold the housing via friction fit [Schonewille: ¶113; the clamping of 262 to the housing holds it in place via a friction fit].
Regarding claim 18. Meadows discloses the method of claim 16, further comprising supporting the manual scrubber with a cleaning system comprising a rod and a holder on the rod, wherein supporting the manual scrubber comprises receiving a portion of the housing of the manual scrubber device within a receiving area of the holder. [Claim 18 has the same or similar limitations to claims xxx and is therefore rejected for the same or similar reasons as claims 10]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited, PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R MCCONNELL whose telephone number is (303)297-4608. The examiner can normally be reached Monday-Thursday 0700-1600 MST [0900-1800 EST] 2nd Friday 0700-1500 MST [0900-1700 EST].
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/AARON R MCCONNELL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723