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 .
Application Status
Claims 1-21 are pending and have been examined in this application.
This communication is the first action on the merits.
Claims 1-21 are rejected herein.
Information Disclosure Statement
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
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 6 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 pre-AIA the applicant regards as the invention.
Claim 6 is indefinite because it is unclear how many depending arms are being claimed. In other words, it is unclear whether the recitation wherein “…at least two depending arms…” recited in claim 6 require two depending arms in addition to the at least one depending arm recited in claim 1 or at least two depending arms in total.
Appropriate correction/explanation is required.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of pre-AIA 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.
Claims 1, 10-12 and 14 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Ruiz (U.S. Design Pat. No. D717011 S).
Regarding claim 1, Ruiz teaches an iron caddy, comprising:
a body (R1 see annotated figure below) comprising a top portion and a bottom portion;
a bracket (R2 see annotated figure below) secured to the top portion;
a carrier (R3 see annotated figure below) secured to the top portion and adapted for engaging and holding at least a portion of an iron; and
at least one depending arm (R4 see annotated figure below) secured to the bottom portion and adapted for engaging and holding at least a portion of an ironing board [capable/intended use].
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Regarding claim 10, Ruiz teaches the bracket (R2) is configured to be supported by a separate structure [capable].
Regarding claim 11, Ruiz teaches the carrier (R3) defines a J-shape configured to engage a handle of the iron.
Regarding claim 12, Ruiz teaches an accessory holder (R5 see annotated figure above) secured to the frame.
Regarding claim 14, Ruiz teaches an iron caddy, comprising:
a body (R1 see annotated figure above) comprising a top portion and a bottom portion;
a bracket (R2) secured to the top portion;
a carrier (R3) secured to the top portion and adapted for engaging and holding at least a portion of an iron;
at least two depending arms (R4) secured to the bottom portion and adapted for engaging and holding at least a portion of an ironing board; and
an accessory holder (R5) secured to the frame.
Alternatively, claims 1-2, 10, 12 and 14-16 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Rosen (U.S. Pat. No. 7959020 B2).
Regarding claim 1, Rosen teaches an iron caddy, comprising:
a body (11) comprising a top portion (portion having 22) and a bottom portion (portion having 34);
a bracket (22) secured to the top portion;
a carrier (12) secured to the top portion and adapted for engaging and holding at least a portion of an iron; and
at least one depending arm (15) secured to the bottom portion and adapted for engaging and holding at least a portion of an ironing board.
Regarding claim 2, Rosen teaches the body (11) is defined by a wire frame.
Regarding claim 10, Rosen teaches the bracket (22) is configured to be supported by a separate structure.
Regarding claim 12, Rosen teaches an accessory holder (18, 19) secured to the frame.
Regarding claim 13, Rosen teaches The iron caddy of claim 12, wherein the accessory holder (18, 19) is configured to hold at least one spray bottle [capable/intended use].
Regarding claim 14, Rosen teaches an iron caddy, comprising:
a body (11) comprising a top portion and a bottom portion;
a bracket (22) secured to the top portion;
a carrier (12) secured to the top portion and adapted for engaging and holding at least a portion of an iron [capable/intended use];
at least two depending arms (15) secured to the bottom portion and adapted for engaging and holding at least a portion of an ironing board [capable]; and
an accessory holder (18, 19) secured to the frame.
Regarding claim 15, Rosen teaches The iron caddy of claim 14, wherein the accessory holder (18, 19) is configured to hold at least one spray bottle [capable].
Regarding claim 16, Rosen teaches the body (11) is defined by a wire frame.
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 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.
Claims 3-4, 6-7, 9, 17, 19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Rosen (U.S. Pat. No. 7959020 B2).
Regarding claims 3, 4 and 17, Rosen teaches the bracket and the carrier. However, Rosen does not explicitly teach the bracket and carrier are pivotally secured to the top portion, and the at least one depending arm is pivotally secured to the bottom portion. The Examiner notes carrier (12) is capable of pivot based on the connection. Additionally, it is noted that making integral invention moveable/separable or adjustable to change direction is considered within the level of an ordinary skill in the art see e.g. MPEP 2144.04. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the invention of Rosen such that the bracket and carrier are pivotally secured to the top portion, and the at least one/two depending arm(s) is/are pivotally secured to the bottom portion to selectively allow or prevent a lateral pivoting motion of the at least one depending arm e.g. the movement of arm would be prevented when ironing board is mounted. The motivation would have been to make the invention compact in design for storage.
Regarding claim 6, Rosen teaches at least two depending arms (15).
Regarding claim 7, Rosen as modified teaches wherein the bracket (22) and the at least one depending arm (15) are adapted for translation between a first, extended configuration and a second, folded storage configuration.
Regarding claims 9 and 21, Rosen as modified teaches in the first, extended configuration a portion of the bracket (22) is configured to attach to the body top portion by a snap fit or interference fit [capable].
Regarding claim 19, Rosen as modified teaches the bracket (22) and the at least two depending arms (15) are adapted for translation between a first, extended configuration and a second, folded storage configuration.
Allowable Subject Matter
Claims 5, 8, 18 and 20 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631