DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9, 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. More specifically, in claims 9, 20, it is unclear and therefore indefinite as to how “an internal plastic device allows rare earth magnets to be charged”.
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) 1-5, 8, 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Vernon et al (US7331470) in view of Rothweil (US7681276) and in further view of Shiao (US7095305).
Referring to claim 1. Vernon et al (herein “Vernon”) discloses a “Magnetic Rake with Release Mechanism”. See Figs. 1-5 and respective portions of the specification. Vernon further discloses a portable magnetic cleaning apparatus (10) configured to collect metallic debris, the apparatus comprising: a handle with handle body (8); a quick clean off sleeve (1) and a magnetic assembly housing (1) housing magnets (See at least Fig. 4A). Vernon doesn’t disclose a handle grip, a handle body that is substantially crook-shaped or wherein the sleeve slips on and off the magnet assembly. Rothweil discloses “Cleaning Implements Having Magnetic Means”. See Figs. 1-3 and respective portions of the specification. Rothweil further discloses a portable magnetic cleaning apparatus comprising: a handle grip (15); a handle body (17) that is substantially crook-shaped and a removable magnetic sheet/cartridge that may be pivoted, replaced, or detached from the cleaning head.. Shiao discloses a “Retractable Magnetic Sweeper”. See Figs. 1-16 and respective portions of the specification. Shiao further discloses a portable magnetic cleaning apparatus comprising: a handle, a handle body, a magnetic housing (10), magnetic member (50) and further discloses a sliding/retractable member that allows a magnet to be moved between attracted and non-attracted states to clean off metallic debris from the housing (10). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle of Vernon to a crook-shaped handle with a grip as taught by Rothweil to reduce operator fatigue, increase grip, allow improved leverage when moving the cleaning apparatus, and increase versatility in confined or angled spaces and to adapt the actuator/retractor style sleeve release as taught by Shiao into Vernon’s device as a way to make the device quicker and safer for metallic debris disposal.
Referring to claim 2. Vernon disclose a handle and handle body but doesn’t disclose wherein the handle and handle body are aluminum. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle and handle body so that they were formed from aluminum as it provides a light weight, corrosion resistant material, that is also strong, durable and cost efficient.
Referring to claim 3. Vernon in view of Rothweil disclose the combination as described above. Rothweil teaches providing gripping means made of compressible polymer or plastic. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle grip so that it comprised a vinyl grip, as this would for improved control, comfort and ergonomics while the cleaning apparatus was in use by an operator.
Referring to claim 4. Vernon discloses a housing but doesn’t explicitly disclose a quick clean-off sleeve that is a four-sided plastic sleeve held on and released with a push button mechanism. Rothweil discloses a removable magnetic cartridge secured by a snap-fit or push-release (See at least Col 8 L. 5-25, Col. 9 L. 45-65). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Rothweil’s push-button release, as it would provide rapid, tool-free debris removal, improving efficiency and usability. Likewise, substituting one known release mechanism (push button) for another (pull ring) is considered an obvious design choice. Further, the prior art discussed and cited demonstrates the level of sophistication of one with ordinary skill in the art and this modification would be well within this skill level.
Referring to claim 5. Vernon discloses the apparatus as described in detail above. Vernon further discloses permanent magnets but doesn’t explicitly disclose Neodymium 42 rare earth magnets. Rotheweil discloses rare earth magnets (See at least Col. 3 L. 40-50). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the Vernon to include magnets that are Neodymium 42 rare earth magnets, as it would provide increased and strong attraction to attract metallic debris in a variety of area. Likewise, it should be noted that it would have been obvious matter of design choice (magnet grade) to make the magnets Neodymium 42 rare-earth magnets, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and is merely a matter of design option when the general knowledge in the relevant field of the art is used.
Referring to claim 8. Vernon in view of Rothweil and Shiao disclose the combination as described in detail above. Vernon discloses a handle and handle body. Rothweil discloses a handle with grips and handle geometry for ergonomics. It should be noted that it is generally known that finger positioners, arm rest, hangers, and balance weights are well-known handle features across tools. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle grip to include these features to improve comfort, balance and storage with predictable benefits.
Referring to claim 10. Vernon discloses a magnet assembly housing that holds magnet arrangements including opposing polarity for attraction and repulsion (See at least Col. 8 L. 50-65). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Vernon wherein the magnets were arranged in close proximity to each other to enhance debris agitation/attraction and release as it would provide for improved cleaning efficiency.
Referring to claims 11-12. Vernon in view of Rothweil disclose the combination as described above in detail. Vernon discloses the device with lengths of 14’’ up to 30” (See at least Col. 4 L. 40-55). Vernon doesn’t disclose wherein the dimensions of the sleeve is 13.15 length, 2.08 width, and 2.08 height or wherein the dimensions of the apparatus are 19.31 length, 2.08 width and 46.6 height or 19.31 length, 2.08 width and 50.5 to 55 height. It should be noted that it would have been obvious matter of design choice to make the dimensions of the sleeve and apparatus as claimed, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and is merely a matter of design option when the general knowledge in the relevant field of the art is used. Further, selecting a size within an overlapping known range is optimization of a known range, in which size is catered to a user needs.
Referring to claims 13-20. With respect to claims 13-20, the method described in these claims would inherently result from the use of Vernon’s “Magnetic Rake With Release Mechanism” in view of Rothweil’s “Cleaning Implements Having Magnetic Means” in further view of Shiao’s “Retractable Magnetic Sweeper” as advanced above.
Allowable Subject Matter
Claims 6-7, 9 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL HOWARD MATTHEWS whose telephone number is (571)272-5929. The examiner can normally be reached Monday thru Friday; 8:00 AM - 4:30 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571)272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TERRELL H MATTHEWS/Primary Examiner, Art Unit 3653