DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the claims set filed 11/06/2023. Claims 1-13 are currently pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to because the protrusion 3900 of the brush assembly 3000, as recited in claim 10, is pointed to a part of the housing 2000 in fig. 3 but should be pointed to the bulge/protrusion on the brush assembly 300 which interfaces with the housing ledge 2500. 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.
Specification
The disclosure is objected to because of the following informalities:
Pr. 29 in last sentence reads “tab 5100” but should likely read “tab 5200”.
Appropriate correction is required.
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.
Claim 5 is 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 limitation “wherein the lid comprises a tab disposed on a side of the lid configured to provide a gripping surface to remove the lid from the brush assembly” renders the claim indefinite since claim 1, from which claim 5 depends upon, has already introduced “a tab that extends from a side of the body”. This makes it unclear if the tab introduced in claim 5 is meant to reference back to the one previously introduced in claim 2, or is instead meant to introduce a different and distinct tab form the one in claim 2. This issue is similarly present for “a side of the body” which is also introduced in claim 5. For prior art purposes, the tab in claim 5 is interpreted to be referencing back to the tab introduced in claim 2.
Note: the limitation in claim 5 should likely read something to the effect of “wherein the tab disposed on the side of the lid is configured to provide a gripping surface to remove the lid from the brush assembly”.
Claim Interpretation
The parts of the preamble in claims 1-13 reciting “for cleaning a head of a golf club” are not considered as limitations of the respective claims, and the claims that are dependent on the above claims, because bodies of the claim do not directly include the structure of the “head of a golf club”. See MPEP 2111.02 [R-2] Preamble Statements Reciting Purpose or Intended Use.
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.
(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, 7 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2629124, herein referenced as Merritt.
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Figure 1 of Merritt
Regarding Claim 1, Merritt discloses a golf club cleaner (see cleaner in fig. 1) for cleaning a head of a golf club, comprising:
a housing (jar 2 fig. 1) comprising:
an interior compartment configured to hold fluid therein (see interior cavity of jar 2 in fig. 1);
a lip (see lip/edge of at upper end of jar 2 fig. 1) extending around an open upper end (see open end of jar 2 in fig. 1) ;
a brush assembly (see assembly in fig. 4; comprised of tubular body 1, sleeves 3, wire spit ring 4 and bristles 5) configured to seat over the open end of the housing (shown in fig. 1), the brush assembly comprising:
a sidewall (see tubular body 1 fig. 4; the interior of which forms an open channel/hollow as shown in fig. 4) forming an open channel from a first end (top end in fig. 4) to an opposing second end (bottom end in fig. 4);
a shoulder (see flange 6 at top end in fig. 4) disposed at the first end and sized to seat over the lip of the housing (flange 6 shown to be sized to seat over, on top of, the lip/edge of jar 2 in fig. 1);
a plurality of bristles (see bristles 5 in fig. 1 and 4) disposed on an interior side of the sidewall (bristles 5 shown to be disposed/provided on an interior side of the tubular body 1 in fig. 1-2) and projecting towards the open channel (shown in figs. 1-2);
a sleeve (see cover 7 fig. 1) comprises an annular ring member (see outer portion of cover 7 which would form an annular ring member, can be defined as the portion of the cover 7 not overlapping with the interior cavity of the jar 2 in fig. 1) that is adapted to receive the housing therethrough (the outer portion of the cover 7 shown to receive the jar 2 therethrough in fig. 1);
an upper end of the sleeve member is configured to engage with the lip of the housing and the shoulder of the brush assembly (the upper end of the cover 7 is shown to engage with the lip/edge at the jar’s 2 opening as well as the flange 6 in fig. 1);
wherein an assembled configuration, the sleeve (cover 7 fig. 1) is configured to cooperatively and removably secure the housing and the brush assembly thereto (the cover 7 is shown to secure the flange 6 to against the jar 2 when screwed onto the jar 2 in fig. 1; the screwed on securement would mean that it is also removable).
Regarding Claim 7, Merritt discloses the golf club cleaner of claim 1, wherein the lip of the housing comprises a female fastener (see thread groove or recessed/concave region of the threads between the thread peaks that are on the top lip/edge of jar 2 in fig. 1; this can be considered a female fastener since they are recessed and would receive the thread peaks/protrusion of the threading on the cover 7 to fasten them together as shown in fig. 1) configured to engage with a male fastener of the sleeve (see thread protrusions/peaks that are provided between the thread troughs on the outer portion of cover 7 and protrude relative to the troughs toward the jar 2 as shown in fig. 1; this can be considered a male fastener as the thread peaks/protrusions would be received by the relatively recessed thread grooves on the jar 2 to fasten them together in fig. 1) to secure the sleeve to the housing (shown in fig. 1).
Regarding Claim 11, Merritt discloses the golf club cleaner of claim 1, wherein the housing comprises a flat lower end opposing the upper end (see flat bottom end of jar 2 which is opposite the top end in fig. 1), wherein the flat lower end is configured to remain upright on a horizontal surface (the flat bottom of jar 2 possesses the structure to remain upright on a horizontal surface as shown in fig. 1).
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.
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Merritt.
Regarding Claim 6, Merritt discloses the golf club cleaner of claim 1, wherein the plurality of bristles is positioned at a depth from the first end (see bristles 5 positioned at a depth below the top end of the tubular body 1 in fig. 1). However, Merritt fails to explicitly anticipate wherein the plurality of bristles is adapted to scrub the golf club head when reciprocated thereagainst. The structure of Merritt would likely be too small for a typical golf club head.
It has been held that “mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled.” MPEP 2144.04 IV. A. citing In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Merritt by scaling up its structure such that it would be capable of use with a typical-sized golf club head. See MPEP 2144.04 IV. A. “Changes in Size/Proportion”.
Claim(s) 1 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4872235, herein referenced as Nielsen, in view of 4651892, herein referenced as Boersma.
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Figure 2 of Nielsen
Regarding Claim 1, Nielsen discloses a golf club cleaner for cleaning a head of a golf club, comprising:
a housing (container 10 fig. 1) comprising:
an interior compartment configured to hold fluid therein (see interior cavity of container 10 filled with liquid in fig. 2) ;
a lip extending around an open upper end (see upper edge/lip of container 10 in fig. 2);
a brush assembly (comprised of cover 11 with downwardly opening receptacle 14 with walls 15 and associated cleaning means in fig. 2) configured to seat over the open end of the housing (see cover 11 and its associated components over the open top of container 10 fig. 1), the brush assembly comprising:
a sidewall (see walls 15 in fig. 2) forming an open channel (see downwardly opening receptacle 14 in figs. 1-2) from a first end to an opposing second end (see top end of cover 11 and bottom end for downwardly opening receptacle 14 and its associated walls 15 in fig. 2);
a shoulder disposed at the first end (see flange/rim of cover 11 outward from the walls 15 which overhang from the edge/lip of container 10 in fig. 2) and sized to seat over the lip of the housing (shown in figs. 1-2);
a plurality of bristles disposed on an interior side of the sidewall and projecting towards the open channel (see bristles 22 and 23 which are attached to walls 15 and extend into the channel of receptacle 14 in fig. 2);
However, Nielsen fails to anticipate a sleeve comprises an annular ring member that is adapted to receive the housing therethrough;
an upper end of the sleeve member is configured to engage with the lip of the housing and the shoulder of the brush assembly;
wherein an assembled configuration, the sleeve is configured to cooperatively and removably secure the housing and the brush assembly thereto.
Nielsen and Boersma are analogous art since they both relate to the field of endeavor of cleaning devices and/or fluid holding containers. Boersma is also analogous art since it relates to the problem faced by Applicant of releasably securing together corresponding housing components.
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Figure 5 of Boersma
Boersma teaches of a sleeve (see locking ring 6 in fig. 1-2 and 4-5) comprises an annular ring member (see locking ring 6 fig. 1) that is adapted to receive the housing therethrough (body 2 fig. 5);
an upper end of the sleeve member is configured to engage with the lip of the housing (see body rim 21 of body 2 in fig. 5) and the shoulder of the [assembly] (see cover rim 7 of 4 in fig. 5);
wherein an assembled configuration, the sleeve is configured to cooperatively and removably secure the housing and the [assembly] thereto (locking ring 22 shown to secure together the body rim 21 of body 2 and the cover rim of cover 4 in fig. 5; see clamping means 5 which permits removability). Boersma teaches that “using a locking ring 6 provided with clamping means 5, [the cover 4] is assured against a generally axial relative displacement in relation to the body 2” in col. 3 lines 20-24 and that “as a result of the part 19 of the locking ring 18, forces example if it is dropped, are transferred via the part 19 to the groove 20 and absorbed there through the deformation of the body As a result of the part 19 of the locking ring 18, forces example if it is dropped, are transferred via the part 19 to the groove 20 and absorbed there through the deformation of the body 2. Because the part 19 supports on the groove 20, deformation in the area of the open end 3 is generally prevented” in col. 4 lines 1-6.
Therefore, it would have been obvious before the effective filing date of invention to one of ordinary skill in the art to have modified the interface between the cover 11 and container 10 with the locking ring and associated rims of the body and cover as disclosed by Boersma, to obtain the benefit of ‘a removeable securing means to couple components together and to provide a means for transferring force away from the rim’s edge in the event of a drop of impact’ as taught by Boersma.
Regarding Claim 12, the combination of Nielsen and Boersma comprises the golf club cleaner of claim 1, wherein the bristles extend perpendicularly to the sidewall of the housing (the bristles 22 and 23 are shown to extend normal/perpendicular to the wall 15 in figs. 1-2 of Nielsen).
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Nielsen and Boersma, as applied to claim 1s above, and further in view of US 4620642, herein referenced as Wertz.
Regarding Claim 2, the combination of Nielsen and Boersma comprises the golf club cleaner of claim 1, but fails to teach of it further comprising a lid configured to seal contents of the housing, the lid comprising:
a recessed body sized to fit within the interior compartment;
a tab that extends from a side of the body, the tab configured to overhang the sleeve in a closed configuration, wherein the closed configuration the lid is secured to the brush assembly in the assembled configuration.
Wertz is analogous art since it relate to the field of endeavor of fluid holding containers. Wertz is also analogous art since it relates to the problem faced by Applicant of leaks and spills.
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Figure 1 of Wertz
Wertz teaches of a lid (10 fig. 1) configured to seal contents of the housing (shown to form a seal for container 100 fig. 4), the lid comprising:
a recessed body (see recessed body of lid 10 which includes the annular sealing collar 21 to the planar bottom 29 in fig. 2; see the portion which is recessed into the container 100 in fig. 4) sized to fit within the interior compartment (see portion of the lid 10 which is recessed into container and provided within its internal volume in fig. 4);
a tab (19 fig. 1-4) that extends from a side of the body (shown in figs. 1-4), the tab configured to overhang the sleeve in a closed configuration (tab 19 shown to overhang the overall assembly and the container rim 101 in a closed configuration in fig. 4), wherein the closed configuration the lid is secured to the [assembly] in the assembled configuration (lid 10 shown to be secured to the container rim 101 in fig. 4). Wertz further teaches that their disclosure provides “a lid for resealable fluid containers which securely seals and can be removed without the use of tools” in col. 2 lines 40-42.
Therefore, it would have been obvious before the effective filing date of invention to one of ordinary skill in the art to have modified the opening slot 12 of cover 11 in fig. 1 of Nielsen, in the combination of Nielsen and Boersma, to include the lid disclosed by Wertz to obtain the benefit of ‘providing a lid which is resealable/releaseable which can securely seal an opening and be removed without the use of tools’ as taught by Wertz. One of ordinary skill in the art would also be motivated to make this combination for well understood reasons such as: preventing/reducing evaporation of the contained fluid, preventing/reducing introduction of foreign material.
In modifying the combination of Nielsen and Boersma with the teachings of Wertz, the tab would overhang the sleeve in a closed configuration since it would overhang the overall assembly (as shown in fig. 4 of Wertz).
Regarding Claim 3, the combination of Nielsen, Boersma and Wertz comprises the golf club cleaner of claim 2, wherein a sealed configuration, the lid is secured to the first end of the brush assembly (see top end cover 11 in fig. 1 of Nielsen, as modified with the lid 10 fig. 1 of Wertz).
Regarding Claim 4, the combination of Nielsen, Boersma and Wertz comprises the golf club cleaner of claim 3, wherein the body of the lid includes a recessed center portion that extends towards the plurality of bristles when secured over the brush assembly (see recessed center portion of lid 10 in fig. 1 Wertz, which was used to modify the slot in the combination of Nielsen and Boersma, would extend toward the bristles in this combination), wherein the recessed center portion is configured to frictionally engaged with the brush assembly to close the first end thereof (the recessed center portion of lid 10 is shown to be frictionally engaged with body rim 101 in fig. 4 of Wertz, as used to modify the combination of Nielsen and Boersma).
Regarding Claim 5, the combination of Nielsen, Boersma and Wertz comprises the golf club cleaner of claim 4, wherein the lid comprises a tab disposed on a side of the lid configured to provide a gripping surface to remove the lid from the brush assembly, the tab extending past a perimeter of the sleeve in the closed configuration (see tab 19 which provided on the side of the lid 10 and provides a gripping surface to remove the lid, the tab also shown to extend past the perimeter of the assembly in figs. 1-4 of Wertz, as used to modify the combination of Nielsen and Boersma above, and would therefore also extend past the perimeter of the sleeve).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Nielsen and Boersma, as applied to claim 1 above, and further in view of US 5666684, herein referenced as Cussen.
Regarding Claim 13, the combination of Nielsen and Boersma comprises the golf club cleaner of claim 1, wherein the bristles extend from opposing sides of the open channel (bristles 32 and 33 shown to extend from opposing sides/walls 15 of the open channel/receptacle 14 in fig. 1-2 of Nielsen, as modified by Boersma).
However, this combination fails to teach the bristles extending from opposing sides of the open channel without overlapping with one another.
Cussen is analogous art since it relates to the field of endeavor of cleaning devices and/or fluid holding containers.
Cussen teaches of bristles extending from opposing sides of the open channel (see bristles 6,6’ which extend from opposing sides of the open channel/interior of container 2 in figs. 3-4) without overlapping with one another (bristles 6,6’ on a given side are shown not to overlap with bristles 6,6’ provided on the opposing side in figs. 3-4; “ the free ends of the bristles of respective brushes providing cleaning surfaces such that the one of the brushes will contact the face of the club head and generally the opposed brush will contact the back side of the club head. The cleaning surfaces may abut each other or may be spaced apart” col. 1 lines 59-64). This disclosure from Cussen establishes that it was known in the art to provide bristles which extend from opposing sides of an open channel without overlapping with one another.
Since Cussen discloses that having bristles extending from opposing sides of the open channel without overlapping with one another was known in the art before the instant effective filing date, it would have been obvious matter of simple substitution to one of ordinary skill in the art to have substituted the abutting arrangement of bristles 22 and 23 (shown in fig. 2 of Nielsen) in the combination of Nielsen and Boersma with the non-overlapping and spaced apart arrangement disclosed by Cussen, which would have the predictable result of a functional cleaning device as Cussen. One of ordinary skill in the art may be been motivated to make this modification for apparent reasons such as ease of entry for larger items. See MPEP 2143 subsection B “Simple substitution of one known element for another to obtain predictable results”.
Allowable Subject Matter
Claims 8-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding Claim 8 and its dependent claims, no prior art was found which anticipated or rendered obvious the invention of claim 8. Particularly, “wherein the sleeve comprises a sleeve ledge having an annular groove, the annular groove configured to engage a tongue disposed on an underside of the shoulder of the bristle assembly” in context of all the intervening limitations required for the invention of claim 8. It would not have been obvious to have modified any of the reference or combination of reference above such that the sleeve has a sleeve ledge with an annular groove which engages with a tongue disposed on an underside of the shoulder of the bristle assembly since the sleeves of the prior art are generally provided around and possibly partially on a top/bottom facing surface of the assembly. No structure was found where “an upper end of the sleeve member is configured to engage with the lip of the housing and the shoulder of the brush assembly; wherein an assembled configuration, the sleeve is configured to cooperatively and removably secure the housing and the brush assembly thereto; and the sleeve comprises a sleeve ledge having an annular groove, the annular groove configured to engage a tongue disposed on an underside of the shoulder of the bristle assembly” as required by the claim. US 5947320 and Boersma (cited above) possessed the most similar structure found during the conducted search but were still quite different from the claimed invention. For the reasons detailed above, claims 8-10 are deemed to contain allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4965906, US 0597729, US 3316922, US 7302915 and US 3304659 - discloses of an internal volume with inward facing bristles provided therein, the bristles being mounted on a side wall which is connected to an upper lid/cover.
US 6430770, US 7162766 and US 7971308 – discloses of a golf club cleaning device with a container which holds fluid as well as a lid being provided for an opening of the overall container.
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/W.L.F./Examiner, Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745