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 .
Response to Amendment
The amendment filed 07/01/2026 (hereafter “the amendment”) has been accepted and entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “second region” in claim 10 and 14 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 1-7,9-10, 14-19 and 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the first slot" in line 5 and “a first slot” in line 6. There is insufficient antecedent basis for this limitation in the claim because applicant has not claimed “a first slot”. Applicant claims the first slot until line 6. For purpose of examination, the limitation will be interpreted as “a first slot” in line 5 and “the first slot” following thereof. Claims 2-7,9-10 and 21, which depend from claim 1, are similarly rejected.
Claim 14 recites the limitation "the second region and slot being axially aligned along a longitudinal axis" in lines 8-9 is unclear because how can the second region be axially aligned along a longitudinal axis when the slot is on the first end and aligned with the first region. For purpose of examination, the limitation will be interpreted as “the second region and second slot being axially aligned along a longitudinal axis”. Claims 15-19, which depend from claim 14, are similarly rejected.
Claim 14 recites the limitation "“the third slot and the fourth slot” in lines 12 and 13 is unclear because where those slots are coming from since applicant removed those limitation in the paragraph above it. It is unclear which slots the pins are supposed to be and how they function with respect to the regions since applicant has shifted the claim language towards regions. For purpose of examination, the limitation will be interpreted as, wherever applicant recites “third slot” it will be interpreted as “the second region” and “the fourth slot” will be interrupted as “second slot”. Claims 15-19, which depend from claim 14, are similarly rejected.
Claim 17 recites the limitation "the region" in line 3 is unclear what region applicant is referring to since claim 14 recited two different regions. For purpose of examination, the limitation will be interpreted as “the first region”. Claim 18, which depend on claim 17, is similarly rejected.
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.
Claim(s) 1-7,9-10,14-19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN109878875A) and further in view of Splain (US20070062960A1).
Regarding claim 1, as best understood based on 112 issue identified above, Yang teaches a cleaning bucket assembly (fig.1 container 1):
a bucket comprising a sidewall that define an interior area (see annotated fig.1 below of Yang for the bucket having plurality of walls that define an interior area), the a sidewall having a first end wall and a second end wall (see annotated fig.1 below of yang for the wall having a first end wall and a second end wall), at least one of the first end wall or the second end wall defining a first region and a pair of projections on opposing sides of a plane extending through a longitudinal axis of the first slot, the projections being spaced apart to define a first slot (see annotated fig.5 below of Yang shows for the first end wall having a first region and a pair of projection on opposing sides of the a plane extending through the first region and a projection being spaced apart to define a first slot), wherein the first slot and the first region being axially aligned (see annotated fig.5 below of Yang where the first slot and region are axially aligned); and
a handle having a center portion with a pair of opposing arms (see annotated fig.1 of Yang below for the handle having a center portion and a first arm and second arm would be on the other side of the bucker), at least one of the opposing ends having a pin movably disposed in the first region (see annotated fig.5 of Yang below for one end of the handle having a pin 4 removably disposed in the first region), the pin having a leg member extending therefrom in a direction opposite the center portion (see annotated fig.6 of Yang below for the leg member extending in a direction opposite of the center portion), the leg member being sized and positioned to slide into the first slot under the influence of gravity when the handle is moved along the longitudinal axis, wherein the handle is in a fixed upright position when the leg member is in the first slot and free to rotate when the leg member is positioned above the first slot along the longitudinal axis (see annotated fig.6 of Yang below and fig.5 and 1 where the leg member is sized and capable of being positioned to slide into the first slot when the handle is in a under the influence of gravity when the handle is moved along longitudinal axis when the handle is in a fixed position in the first slot as shown below and is free to rotate the leg member when it is right above the first slot when it gets to element 351 which is right above the first slot; it is noted applicant does not specify how rotatable the movement is so any movement reads on the claim ). Yang does not teach wherein the bucket has plurality of walls.
Splain teaches wherein the bucket has plurality of walls (fig.1 shows the bucket 10 with a square shape with plurality of sidewalls such as 74A/B and 72A/72B). 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 shape of the bucket disclosed by Yang by adding the teaching of shape of the bucket with multiple sidewalls as disclosed by Splain in order enable the user to quickly, grab-and-go grasping of the handle to make the handbasket easy to pick up and carry. “The ergonomic shape of the container enables quick, grab-and-go grasping of the handle to make the handbasket easy to pick up and carry.” (0014, Splain) Also, a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47
Annotated fig.1 of Yang
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Annotated fig.5 of Yang
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Annotated fig.6 of Yang
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Yang as modified in claim 1 further teaches wherein the pin further includes an end and a post, wherein the post positioned within the first slot (annotated fig.6 of Yang above shows the pin having and end and a post wherein the post is capable of being in contact with the first slot).
Regarding claim 3, the references as applied to claim 2 above discloses all the limitations substantially claimed. Yang as modified in claim 2 further teaches wherein the post is rotationally and slidably connected to one of the pair of opposing arms (fig.1-2 shows the rotation of the part and slidable of the part and the post being rotatable and slidably connected to the arms).
Regarding claim 4, the references as applied to claim 2 above discloses all the limitations substantially claimed. Yang as modified in claim 2 further teaches wherein the end is larger than the post (annotated fig.6 of Yang above where end is larger than the post).
Regarding claim 5, the references as applied to claim 2 above discloses all the limitations substantially claimed. Yang as modified in claim 2 further teaches wherein the end is circular in shape (annotated fig.6 of Yang above shows the end being partial circular in shape towards the top and end of the end).
Regarding claim 6, the references as applied to claim 4 above discloses all the limitations substantially claimed. Yang as modified in claim 4 further teaches wherein the first end wall includes a u-shaped portion extending away from the interior area, the u-shaped portion spaced apart from the wall to define the first region, the first slot being formed in the u-shaped portion (annotated fig.5 of Yang above shows the U-shaped portion, extending from 1st region and over to 351-352 and up to 31 creating an U, on the first end wall extending away from the interior area and spaced part from the wall to define the first region as it extends towards the wall of the bucket and the first slot formed in the u-shaped portion).
Regarding claim 7, the references as applied to claim 6 above discloses all the limitations substantially claimed. Yang as modified in claim 6 further teaches wherein the end is positioned in the first region such that the u-shaped portion is configured to retain the end in the region (fig.1-2 show the end if the pin would be in the region and retained there).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Yang as modified in claim 1 further teaches wherein the pair of projections may be shaped as a circular, an elongated circle, a square, or an elongated square (fig.5 of show the projections are circular and square; it is noted that claim does not specify if both need to be same shape).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Yang as modified in claim 1 further teaches wherein the first end wall includes the first region (see annotated fig.1 of Yang above for the first end wall having the first region) and second end wall includes a second region, the second region having a second pair of projections on opposing sides of a plane extending through a longitudinal axis of the second region, the projections being spaced apart to define a second slot (see annotated fig.1 of Yang above for the second end wall which will have a second region, similar to the first region, and the second region having a pair of projection on the opposing sides that define a second slot similar to 1st slot defined by the projection shown in annotated fig.5 above since those parts are symmetrical and the ends of the handle are the same so that structure would be same).
Regarding claim 14, as best understood based on 112 issue identified above, Yang teaches a cleaning bucket assembly (fig.1 container 1):
a bucket comprising a sidewall that define an interior area (see annotated fig.1 above of Yang for the bucket having plurality of walls that define an interior area), the a sidewall having a first end wall and a second end wall (see annotated fig.1 above of Yang for the wall having a first end wall and a second end wall), the first end wall defining a first region and a first pair of projections adjacent the first region, the first pair of projections being spaced apart and defining a slot therebetween (see annotated fig.5 of Yang above for the first end wall having a first region and a pair of projection spaced apart and defining the first slot therebetween), the second end wall having a second region and a second pair of projections adjacent the second region, the second pair of projections being spaced apart and defining a second slot therebetween (see annotated fig.1 of Yang above for the second end wall which will have a second region, similar to the first region, and the second slot having a pair of projection adjacent to the second region shown in annotated fig.5 above since those parts are symmetrical and the ends of the handle are the same so that structure would be same), the first region and slot being axially aligned and the second region and the second slot being axially aligned (see annotated fig.5 above for the first region and first slot are axially aligned and the second region and second slot will be as well);
a handle having a center portion with a first arm and a second arm (see annotated fig.6 of Yang above for the handle having a center portion and a first arm and second arm would be on the other side of the bucket), the first arm having a first pin movably disposed in the first slot, the first pin having a first leg member, the second arm having a second pin movably disposed in the second region, the second pin having a second leg member, the first pin and second pin being sized and positioned to slide into the second region and second slot under the influence of gravity when the handle is moved along a direction parallel with the longitudinal axis the handle being in a fixed upright position when the first pin and second pin are positioned in the first slot and the second slot the handle further being free to rotate when the first pin and the second pin are positioned above the first slot and the second slot, respectively, along the direction parallel with the longitudinal axis (see annotated figs.1,5,6 of Yang above for the first arm with a first pin being movably disposed in the first slot and the fir with the first leg member and second arm which is similar to the structure as highlighted for the first arm with pin and both are sized and positioned into respective region and under influence of gravity can be upright and the handle is moved along the direction parallel with the longitudinal axis i.e. up and down and the handle being fixed upright when in first/second slot and the free to rotate when positioned right above the respective slots die to region 351 it can rotate right above the slots; it is noted applicant does not specify how rotatable the movement is so any movement reads on the claim). Yang does not teach wherein the bucket has plurality of walls.
Splain teaches wherein the bucket has plurality of walls (fig.1 shows the bucket 10 with a square shape with plurality of sidewalls such as 74A/B and 72A/72B). 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 shape of the bucket disclosed by Yang by adding the teaching of shape of the bucket with multiple sidewalls as disclosed by Splain in order enable the user to quickly, grab-and-go grasping of the handle to make the handbasket easy to pick up and carry. “The ergonomic shape of the container enables quick, grab-and-go grasping of the handle to make the handbasket easy to pick up and carry.” (0014, Splain) Also, a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47
Regarding claim 15, the references as applied to claim 14 above discloses all the limitations substantially claimed. Yang as modified in claim 14 further teaches wherein the first pin further includes a first post positioned within the first slot, and the second pin includes a second post positioned within the second slot (annotated fig.6 of Yang above show the pin including a post that is positioned in the first lost and the second pin on the second arm which includes its own second post will be positioned within the second slot).
Regarding claim 16, the references as applied to claim 15 above discloses all the limitations substantially claimed. Yang as modified in claim 15 further teaches wherein the first post and second post are rotationally and slidably connected to the bucket (fig.1 show the first post is rotatably and slidably connected to the bucket as will the second post will be).
Regarding claim 17, as best understood based on 112 issue identified above, the references as applied to claim 16 above discloses all the limitations substantially claimed. Yang as modified in claim 16 further teaches wherein the first end wall includes a u-shaped portion extending away from the interior area, the u-shaped portion spaced apart from the wall to define the first region, the first slot being formed in the u-shaped portion (annotated fig.5 of Yang above shows the U-shaped portion, extending from 1st region and over to 351-352 and up to 31 creating an U, on the first end wall extending away from the interior area and spaced part from the wall to define the first region as it extends towards the wall of the bucket and the first slot formed in the u-shaped portion)
Regarding claim 18, the references as applied to claim 17 above discloses all the limitations substantially claimed. Yang as modified in claim 17 further teaches wherein the first pin further includes an end is positioned in the region such that the u-shaped portion is configured to retain the end in the region (annotated fig.5 of Yang above shows the U-shaped portion, extending from first slot down and over to 3512 and up to 31 creating an U, on the first end wall extending away from the interior arear and spaced part from the wall to define a region and the first slot formed in the u-shaped portion and the end of the pin will have to go thought the U shaped region to get in position and can be retained in it as seen in fig.1).
Regarding claim 19, the references as applied to claim 14 above discloses all the limitations substantially claimed. Yang as modified in claim 14 further teaches wherein the first arm and the second arm are fixed in the upright position when at least one of the first leg member is positioned in the first slot or the second leg member is positioned in the second slot (fig.1 above of Yang shows the first arm being in upright position and the first leg positioned in the second slot as noted in annotated fig.5 above).
Regarding claim 21, the references as applied to claim 1 above discloses all the limitations substantially claimed. Yang as modified in claim 19 further teaches wherein the pair of projections comprises a first projection and a second projection, the first slot being defined between the first projection and the second projection (see annotated fig.5 of Yang above for the projection being the first and second projection and the first slot being defined by those projections), wherein the first projection defines a first top surface and the second projection defines a second top surface, and wherein each of the first top surface and the second top surface faces at an angle toward the longitudinal axis (see annotated fig.5 of Yang above for the first projection defining a first top surface and the second projection defining the second top surface and each of the top surface faces angle towards the longitudinal axis; applicant has not defined how it angle towards and the two faces can angle however they can to read on the limitation ).
Response to Arguments
Applicant's arguments filed 07/01/2026 have been fully considered but they are not persuasive. Applicant’s amendments did not change the scope of the claims instead made the claims broader. The new amendments have also created bunch of 112 issues that need to be addressed by switching the first slot to first region applicant did not go through the claims to see if the terminology was consistence through the independent and the dependent claims. Applicant arguments regarding independent claim is that limitation” wherein the handle is in a fixed upright position when the leg member is in the first slot and free to rotate the leg member is positioned above the first slot along the longitudinal axis” is not taught and that the prior art does not function similar to that of applicant. This is not persuasive for two reasons. First, the idea that prior art has to function the same way applicant’s function is not true, rejection is given based on the claims as presented so whether the prior the rotation happens “when user jog, move or translate pivot 4” is moot because prior art is disclosing applicant limitation as given and performing what claim requires. Second, the limitation applicant is arguing simply requires the handle to be fixed upright position and when the leg member is in the first slot and when leg member is above the first slot it is free to rotate, Yang when the leg member is in the first slot as annotated in fig.5 above and below for applicant convenient the leg member is in the upright position and when you pull the handle up and take above the labeled first slot at element 351 the leg member is free to rotate towards the right towards element 351 and that is applicant entire limitation which is clearly taught and show by Yang. Applicant does not make any specific arguments towards other dependent claims and just recited above combination does not work. Also, Splain is not used to teach anything that applicant is arguing so it is unclear what the combination has to do with applicant’s arguments.
Examiner’s suggestion- Applicant is suggested to include claim 21 limitations in the independent claims and define the faces and how their structure and how they define the slot to move the prosecution forward.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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/PRINCE PAL/Examiner, Art Unit 3735
Prosecution Insights