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 Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 38 is objected to because of the following informalities: “the handle” should be “the handle portion”. Appropriate correction is required.
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) 28-30, 33, 36-38, 41-42, 46-50 are rejected under 35 U.S.C. 103 as being unpatentable over Shi CN 203182290 U in view of Du CN 210696484 U and Dunn US 2020/0305590 and Ruppert US 2009/0184015.
Re claims 28-29, 46-48, 50, Shi teaches a cleaning apparatus [figs. 1-2] comprising:
a handle portion 2;
a cleaning head portion 3, releasably coupled to the handle portion 3;
a connection member 1; and
wherein the handle portion 2, the cleaning head portion 3 and the connection member 1 are coupled together to form a handheld cleaning device.
Shi does not teach the connection member is formed at least in part of magnetic material and magnetic stand configured to engage a surface or wall of a sink; and configured to releasably engaged with the magnetic stand to enable storage of the handheld cleaning device to the surface or wall, wherein the connection member is positioned on the handheld cleaning device to enable storage of the handheld cleaning device in a substantially horizontal position when engaged with the magnetic stand; and wherein the handle portion is coupled with the cleaning head portion, and the connection member is positioned on the handheld cleaning device to create a fulcrum enabling the handheld cleaning device to be balanced in a substantially horizontal position when magnetically engaged with the stand.
Du teaches a stand 6 [Figs. 1, 3] for a cleaning apparatus adapted to releasably engage with the
cleaning apparatus [at magnetic attraction sheet 5], the stand 6 is configured to engage a surface or wall
in use engage a surface or wall in use ["the mounting plate through strong adhesive on the kitchen wall"].
Dunn teaches a magnetic stand 49 [Figs. 1-2] for a cleaning apparatus 10 configured to engage a surface or wall sink [¶54, “[t]he magnetic base 49 may be secured at various locations on the sink 101 or the countertop.“] and a connection member 45 configured to releasably engaged with the magnetic stand 49 to enable storage of the handheld cleaning device to the surface or wall of a sink, wherein the connection member is positioned on the handheld cleaning device to enable storage of the handheld cleaning device in a substantially horizontal position when engaged with the magnetic stand [¶46, FIG. 2 shows the magnetic bottle brush 10 attached to the magnetic base 49 in a vertical, standing position. However, if the magnetic base 49 is attached underneath a surface, on the side of a surface, or on any surface between a vertical and horizontal orientation, then the magnetic bottle brush will extend outward and away from the magnetic base 49 in that respective direction.”].
Ruppert teaches a magnetic stand 10 [Figs. 10-12] for a cleaning apparatus 61 configured to engage a surface or wall in use and a connection member 65 configured to releasably engaged with the magnetic stand 10 to enable storage of the handheld cleaning device to the surface or wall, wherein the connection member is positioned on the handheld cleaning device to enable storage of the handheld cleaning device in a substantially horizontal position when engaged with the magnetic stand [¶24, “[a] toothbrush 21 with metal in the handle 22 and/or head 23, or on the outside of its handle or head…will be attracted to the toothbrush holder 10 and held in place in an upright, upside down, or horizontal position.”].
Ruppert further teaches wherein the handle portion is coupled with the cleaning head portion, and the connection member is positioned on the handheld cleaning device to create a fulcrum [when horizontally] enabling the handheld cleaning device to be balanced in a substantially horizontal position when magnetically engaged with the stand ¶24.
Shi, Du, Dunn, and Ruppert each disclose a mount or hanger for a cleaning apparatus. Shi discloses hanger 8. Du discloses a stand 6, Dunn discloses a stand 49, and Ruppert discloses a holder 10. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the magnetic mount of Ruppert could have been substituted for the mount 8 of Shi because they both serve the same purpose of providing a way of mounting or hanging a cleaning apparatus when not in use. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution as discuss by Du and Dunn, since the substitution achieves the predictable result of allowing an easy and effective hanging for the cleaning apparatus.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the mount of Ruppert, for the mount of Shi, according to known methods as discussed by Du and Dunn, to yield the predictable result of providing an easy and effective stand for the cleaning apparatus when not in use.
Re claim 30, Shi further teaches wherein at least a portion of the handle 2 and cleaning head 3 are hollow and fluidly connected to each other [“body in cavity and the liquid outlet hole of the brush head 3 6 is connected with the back section of the handle 2 end is hollow”].
Re claim 33, Shi, Du, Dunn, and Ruppert teach the invention as discussed above for claim 28. Du further teaches wherein the stand includes a base portion 6 [Fig. 3] and a connection member engaging member 8, the base portion 6 is adapted to engage with the surface or wall and includes one or more of a suction cup, waterproof adhesive, hook and loop, putty or cement material [“one side of the mounting plate is provided with a strong adhesive”], and the connection member engaging member 8 is adapted to releasably engage with the connection member 5.
Re claim 36, Shi further teaches wherein the connection member 1 is a collar adapted at a first end to engage with the cleaning head portion 3 and adapted at an opposing second end to engage with the handle portion 2.
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 the collar of Shi made of metal in order to yield the predictable result of having a magnetic material to engage with a connecting magnet.
Re claim 37, Shi further teaches wherein the connection member 1 is cylindrical or a tapered cylinder.
Re claim 38, Shi further teaches wherein the connection member 1 is integrated with the handle 2 [when engaged together] adjacent a first end of the handle, wherein the first end of the handle is configured to engage with the cleaning head portion.
Re claim 41, Shi further teaches wherein the handle portion 2 comprises one or more of the following:
(i) a base and an elongated shaft which are adapted to releasably engage with each other;
(ii) a base and an elongated shaft which are adapted to releasably engage with each other and wherein there is a seal between the base and the elongated shaft; and
(iii) a base [end part of handle 2] and an elongated shaft [shaft part of the handle 2] and the elongated shaft and connection member 1 are adapted to releasably engage with each other.
Re claims 42, 49, Shi further teaches wherein the cleaning head 3 comprises at least one of the following:
() a neck and a brush head have a cleaning material attached thereto
(ii) a neck 5 and a brush head 7 with bristles [see fig. 1];
(iii) a neck and a brush head with bristles and the neck is adapted to releasably engage with the connection member or handle, and the brush head; and
(iv) a neck and a brush head with bristles and the brush head has a central aperture.
Claim(s) 31-32, 34, 44-45 are rejected under 35 U.S.C. 103 as being unpatentable over Shi CN 203182290 U in view of Du CN 210696484 U and Dunn US 2020/0305590 and Ruppert US 2009/0184015 and in further view of Bellanda EP 3,366,177 A1.
Re claims 31, 44, Shi, Du, Dunn, and Ruppert teach the invention as discussed above for claim 28. Du further teaches wherein the stand comprises a connection member engaging magnetic member 8.
The combination does not teach a magnetic base arranged on opposite sides of a surface or wall to be held in place by a magnetic connection between the connection member engaging magnetic member and the magnetic base.
However, Bellanda teaches a kit [M1, M2] comprising a connection member engaging magnetic member M1 and a magnetic base M2 arranged on opposite sides of a surface or wall S to be held in place by a magnetic connection between the connection member engaging magnetic member M1 and the magnetic base M2.
Thus, Du, Dunn, Ruppert, and Bellanda each disclose a system for connecting a kitchen accessory to a wall. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the magnetic kit of Bellanda could have been substituted for the adhesive of Du because both serve the purpose of providing a connection to a wall. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of allowing a connection between the wall and the cleaning apparatus (kitchen accessory).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the magnetic kit of Bellanda for the magnet Dunn or Ruppert according to known methods to yield the predictable result of allowing a connection between the wall and the cleaning apparatus (kitchen accessory).
Re claims 32 and 45, Shi, Du, Dunn, and Ruppert teach the invention as discussed above for claim 28. The combination fails to teach at least a partially cylindrical form, and a first concave end shaped to form an elongate U-shaped channel that is able to receive at least a portion of the connection member of the cleaning device within the channel.
However, the specific shapes of a partially cylindrical form, and a concave end shape forming an elongated U-shaped channel would be easily conceived from fig. 3 of Du. It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the magnet of Du to have cylindrical form, or a concave end forming an elongated U-shaped since it has been held that changes in shape are obvious absent persuasive evidence that the particular configuration of the claimed invention was significant and further, in order to yield the predictable result of holding the connecting member to the surface or wall.
Re claim 34, Shi, Dunn, and Ruppert teach the invention as discussed above for claim 28 but fail to teach wherein the apparatus further includes a cleaning cloth or towel containing a piece of magnetic material which enables the cloth or towel to releasably engage with a magnetic region of the stand.
Bellanda teaches a cleaning cloth or towel [C] containing a piece of magnetic material M3, which enables the cloth or towel to releasably engage with a magnetic region of a stand M3.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cleaning cloth of Bellanda with the cleaning apparatus of Shi in order to yield the predictable result of having desirable kitchen objects at hand [“objects that are usually desirable to have at hand can be kitchen objects and various accessories, but in particular those that are mostly used in the kitchen at all times are sponges and dishcloths”].
Allowable Subject Matter
Claims 43 is 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:
The prior art of record does not show or fairly render obvious the combination set forth in the claims. In particular, the prior art does not show wherein the handle includes a hollow portion and the hollow portion is shaped to receive the stand.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carlos A. Rivera whose telephone number is (571)270-5697. The examiner can normally be reached 9AM -4PM. 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, Brian Keller can be reached at (571) 272-8548. 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.
/C. A. RIVERA/Primary Patent Examiner, Art Unit 3723
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