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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-15, drawn to a cleaning structure and a system for cleaning a payload retrieval apparatus, classified in A46B 9/06.
II. Claims 16-19, drawn to directed towards a method for cleaning a payload retrieval apparatus, classified in B08B 1/12.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as product and process of use. The inventions can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed can be practiced with another materially different product or (2) the product as claimed can be used in a materially different process of using that product. See MPEP § 806.05(h). In the instant case
the process for using the product as claimed can be practiced with another materially different product as the process does not require a first cleaning component having a flexible construction, sponges, fibers, lubricant reservoir, can instead be cleaning component made of rigid metal bristles
the product as claimed can be used in a materially different process of using that product, and can for example be used to clean a pipe, instead of a payload retrieval apparatus.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
--the inventions have acquired a separate status in the art in view of their different classification;
--the inventions have acquired a separate status in the art due to their recognized divergent subject matter; and/or
--the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
In particular, the search for each invention would be in different subclasses, with keywords such as “lubricant” or “flexible” for invention I, “channel inlet”, “controller” for invention II.Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Colin Wright on 05/21/2026 a provisional election was made without traverse to prosecute the invention I, claims 1-15. Affirmation of this election must be made by applicant in replying to this Office action. Claims 16-19 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
Claim Objections
In claim 7, consider -- wherein the main body includes an outer shell, and the tether attachment point includes an aperture in a surface of the outer shell of the main body for receiving [[the]] a tether.--
In claim 16, consider -- controlling [[the]] a position of the aerial vehicle and the motor to draw the cleaning structure into the inlet end of the channel of the retriever guide--. Early correction of this issue will expedite any possible rejoinder of the currently withdrawn claims.
Claims 18 and 19 are noted to reference “the retrieval guide”, while claim 16 references a “retriever guide”. Early correction of this issue will expedite any possible rejoinder of the currently withdrawn claims.
Claim Interpretation
The terms “first cleaning component” in claims 1-4 and 11-14 and “second cleaning component” in claims 6 and 15 recite a nonce term “component”. The examiner finds that there is an insufficient recitation of functionality to meet prong B of the 3-prong test provided in MPEP 2181, and as such, the terms are not interpreted under 35 USC 112(f). Furthermore, the term “payload retrieval apparatus” also contains a nonce term “apparatus”, however the examiner finds that it is not part of the claimed apparatus/system, rather it is an external element the apparatus/system interacts with, and is therefore not interpreted under 35 USC 112(f).
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 (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 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.
Claim(s) 1, 3-5, 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shumway (US 5214820 A)
With respect to claim 1, Shumway discloses A cleaning structure for a payload retrieval apparatus (intended use in preamble not limiting see MPEP 2111.02) comprising: a main body including an upper end and a lower end (12, fig. 1, with an upper end at bore 22, fig. 1; col 2 lines 20-33; and a lower end at 25, fig. 2, col 2 lines 25-33), the upper end comprising a tether attachment point (the bore 22, fig. 1; col 2 lines 20-33 can be used for hanging and a tether can be looped through the bore); a first cleaning component extending outward from the main body (first cleaning component 14, figs. 1-2; col 1 line 53-col 2 line 5) , the first cleaning component having a flexible construction for fitting into crevices in the payload retrieval apparatus and defining a cleaning zone around the main body ( a sponge/foam layer 15, fig. 1 is described in col 2 lines 6-19, and the foam can collapse as in col 3 lines 1-11, the arrangement is flexible, and thus can fit into crevices of a payload retrieval apparatus, depending on the geometry of the payload retrieval apparatus, and firms a cleaning zone with foam around body 12; the a payload retrieval apparatus is not claimed as part of the invention, but rather what the cleaning structure is intended to be used on).
With respect to claim 3, Shumway discloses the limitations of claim 1 above, and further discloses wherein the first cleaning component includes one or more sponges (a sponge [open cell foam]/foam layer 15, fig. 1 is described in col 2 lines 6-19, and the foam can collapse as in col 3 lines 1-11)
With respect to claim 4, Shumway discloses the limitations of claim 3 above, and further discloses wherein the one or more sponges are configured to hold a lubricant for dispensing onto an inner surface of a channel of the payload retrieval apparatus (the sponge/foam 11, described in col 2 lines 6-19, is open celled, so it can hold a lubricant, some of which can be transferred/dispensed onto an inner surface of a channel of the payload retrieval apparatus when used on such).
With respect to claim 5, Shumway discloses the limitations of claim 1 above, and further discloses wherein the first cleaning component includes collections of fibers extending from the main body (at the end of the first cleaning component 14, figs. 1-2; col 1 line 53-col 2 line 5, there is a scoring layer 16 [that extends from the main body by being attached at an end of the first cleaning component] made of nylon mesh material [mesh material being a collection of nylon fibers] as in col 2 lines 6-15).
With respect to claim 8, Shumway discloses the limitations of claim 1 above, and further discloses wherein a length of the main body from the upper end to the lower end is greater than a width of the main body (main body [handle] 12, figs. 1-2, is described [and shown in the figures] as elongated, see col 1 lines 53-60, therefore having a length of from the upper end to the lower end greater than a width).
With respect to claim 9, Shumway discloses the limitations of claim 1 above, and further discloses wherein the main body has a circular cross-section across a middle of the main body (handle/main body 12, has a circular cross section as shown in figs. 3 and 4, which a is a view from the top end of the main body as evidenced by the narrow-centered part of the end at 22, fig. 1 being visible in perspective, and other than the end 22, the rest of the handle is shown as a uniform cross-sectional shape in figs. 1-2).
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) 2, 6, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shumway (US 5214820 A) and further in view of Karus (US 20060216102 A1).
With respect to claim 2, Shumway discloses the limitations of claim 1 above, however does not explicitly disclose wherein the first cleaning component includes a plurality of bristles extending in a ring around the main body. Shumway however discloses that the intended use of the cleaning component is to clean bottles (col 1 lines 53-64).
Karus, in the same field of endeavor, related to cleaning, teaches of providing a cleaning component that includes bristles (bristles 20, between sponge segments 22 and 24; fig. 7, [0036-0037], [at least some selected or a section of the] bristles form a ring shape around an analogous main body at 16; figs. 1 and 7, [0039]). Karus teaches that this arrangement provides effective bottle cleaning ([0030,0033]).
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 Shumway with the ring bristles of Karus, for effective bottle cleaning.
With respect to claim 6, Shumway discloses the limitations of claim 1 above, however does not explicitly disclose a second cleaning component attached to the main body. Shumway however discloses that the intended use of the cleaning component is to clean bottles (col 1 lines 53-64).
Karus, in the same field of endeavor, related to cleaning, teaches of providing a second cleaning component (12, fig. 1, [0035], in addition to a first cleaning component 11, fig. 1). Karus teaches that providing both enables effective cleaning of both a baby bottle as well as a nursing nipple ([0012]), which presents a more hygienic and efficient arrangement ([0009]).
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 Shumway with the second cleaning component of Karus [attached to the main body though overall assembly], for the purpose of effective cleaning of both a baby bottle as well as a nursing nipple, allowing for a more hygienic and efficient arrangement.
With respect to claim 10, Shumway discloses the limitations of claim 1 above, however does not explicitly disclose a reservoir configured to dispense lubricant onto an inner surface of a channel of the payload retrieval apparatus. Shumway however discloses that the intended use of the cleaning component is to clean bottles (col 1 lines 53-64).
Karus, in the same field of endeavor, related to cleaning, teaches of providing, a reservoir configured to dispense lubricant onto an inner surface of a channel of the payload retrieval apparatus (34, fig. 1; [0038-0039], leading to apertures in cleaning component 11, fig. 7, and thus can dispense lubricant [lubricant being a fluid] onto an inner surface of a channel of the payload retrieval apparatus when used on such). Karus teaches that this arrangement permits effective use of detergent ([0039]), which facilitates efficient and effective cleaning ([0009,0014]).
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 Shumway with the reservoir of Karus, to dispense detergent for effective and efficient cleaning of bottles. Such a reservoir can also structurally dispense lubricant onto an inner surface of a channel of the payload retrieval apparatus, when the brush is used with lubricant [which can also be detergent or soap] in the reservoir and used to clean an inner surface of a channel of a payload retrieval apparatus.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shumway (US 5214820 A) and further in view of Deng (CN 103876451 A).
With respect to claim 7, Shumway discloses the limitations of claim 1 above, however does not explicitly disclose wherein the main body includes an outer shell, and the tether attachment point includes an aperture in a surface of the outer shell of the main body for receiving the tether. Shumway, however discloses the tether attachment point is an aperture on the surface of the main body (bore 22, fig. 1; col 2 lines 20-33 can be used for hanging and a tether can be looped through the bore).
Deng, in the same field of endeavor, related to cleaning, teaches of wherein the main body includes an outer shell (hollow main body [handle] 1, fig. 1; [0007,0012] meaning that the main body is a hollow outer shell), and the tether attachment point includes an aperture in a surface of the outer shell of the main body for receiving the tether (hanging hole 4 in main body, fig, 1, [0007,0012]). Deng teaches that this arrangement is simple and lightweight ([0007]).
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 Shumway with the hollow body of Deng [to make an outer shell], for the purpose of making the handle lighter. This would also have included an aperture on the outer shell for receiving a tether, as described by Deng.
Claim(s) 11,13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (WO 2024022368 A1) in view of Gao (CN 105170505 A).
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Ann. figs. 4-5 (Li)
With respect to claim 11, Li discloses: A system for cleaning a payload retrieval apparatus (intended use in preamble not limiting see MPEP 2111.02), the system comprising: an aerial vehicle (2, fig. 1; [0007]); a tether secured to the aerial vehicle (rope 34, fig. 3, which is part of a telescoping unit 3, fig. 1, [0008] that is connected to the aerial vehicle at uppermost link 32, fig. 2, [0009]) ; a motor operable to deploy the tether from the aerial vehicle (motor drives reel 33, fig. 2 [0009], as described in [0047], which deploys the tether from the aerial vehicle by winding it or allowing the cleaning structure 1, fig. 1 to drop from the aerial vehicle, extending the tether, or by winding it upwards); and a cleaning structure attached to the tether (cleaning structure 1, fig. 1, [0006-0007]) the cleaning structure comprising: a main body including an upper end and a lower end (main body 13, figs. 4 and 5, [0049-0051], with an upper end at the point of attachment to reel 33, fig. 4, and a lower end as shown in ann. figs. 4-5 above), the upper end comprising a tether attachment point (the attachment point to the tether is at the point of attachment to reel 33, fig. 4 on which the tether 34 is wound); a first cleaning component extending outward from the main body (cleaning roller 11, fig. 4 extends outward from an inner sidewall of the main body, [0050-0051], additionally the cleaning roller would need to extend outward to reach a solar panel that the device is intended to clean as in [0002,0051]), however does not explicitly describe the first cleaning component having a flexible construction for fitting into crevices in the payload retrieval apparatus and defining a cleaning zone around the main body. Li however further describes this arrangement as for cleaning solar PV panels ([0002]), and that it appears that the cleaning roller 11 has bristles (see roller 11, fig. 4)
Gao, in the same field of endeavor, related to cleaning, teaches of providing a cleaning roller with bristles (soft bristles at 102, fig. 2, [0026,0030], the soft bristles can be made of multiple materials such as plastic, sponge, cotton cloth as in [0029]). Gao teaches that this provides for effective cleaning of solar panels ([0004-0005]).
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 cleaning roller of Li with the bristles of Gao, for the purpose of effective cleaning. This arrangement would have resulted in the first cleaning component having a flexible construction for fitting into crevices in the payload retrieval apparatus and defining a cleaning zone around the main body, as the soft bristles would have allowed for cleaning in an area around the main body (around the bottom of the main body), and a flexible construction for fitting into crevices in the payload retrieval apparatus though deformation of the soft bristles, when applied to a payload retrieval apparatus.
With respect to claim 13, Li, as modified teaches the limitations of claim 11 above, and further teaches wherein the first cleaning component includes one or more sponges (Gao, soft bristles at 102, fig. 2, [0026,0030], the soft bristles can be made of multiple materials such as plastic, sponge, cotton cloth as in [0029]).
With respect to claim 14, Li, as modified teaches the limitations of claim 11 above, and further teaches wherein the first cleaning component includes collections of fibers extending from the main body ((Gao, soft bristles at 102, fig. 2, [0026,0030], the soft bristles can be made of multiple materials such as plastic, sponge, cotton cloth [a cotton cloth is collection of fibers] as in [0029]).
With respect to claim 15, Li, as modified teaches the limitations of claim 11 above, and further teaches a second cleaning component attached to the main body (two cleaning rollers 11, fig. 4; [0051]).
Allowable Subject Matter
Claim 12 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: With respect to claim 12, Li, cited above, represents the closest prior art to the claim, however lacks the limitations of claim 12 in combination with the limitations of claim 11. In Li the cleaning roller [cleaning component] extends from the main body, however Li does not provide for a plurality of bristles extending in a ring around the main body. The prior art includes examples of aerial vehicle-based cleaning systems where the cleaning component is attached to the aerial vehicle through an arm (in contrast to the claimed tether). For example, Hwang (KR 20230153083 A) is representative of the state of the art. Hwang provides for a ring-shaped bristle arrangement (11, fig. 3 on a round cleaning unit 10, the ring shape observed around a central absorption unit 12, fig. 3) that can be said to be located around a main body (the main body being a central absorption unit 12 itself). However, the examiner finds that the teachings of Hwang can not be applied to that of Li, given that the cleaning unit of Hwang is positioned through a motorized joint (32, fig. 2), and is deployed to attach through the central abortion unit. Hwang further provides that the arrangement is of reduced weight (3rd paragraph of page 7 of translation). In contrast, Li provides for a gravity deployed cleaning unit (which is understood to require some weight), with driven cleaning rollers. The examiner finds that given the differing teachings of Hwang and Li, a person of ordinary skill in the art would not have found that a combination of Li and Hwang to be obvious, given the differences in how the cleaning unit is deployed (gravity deployment with a tether compared to a motorized arm with multiple joints to specifically position the cleaning tool), and that the application of a rotatory bristle arrangement in Hwang would lead to a loss of control of the position of the cleaning unit, given that the tether [or rope], when released would not provide for sufficient rigidity to adequately position the cleaning unit of Hwang (that is of reduced weight).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Huang whose telephone number is (571)272-6750. The examiner can normally be reached Monday to Thursday 6:30 am to 2:30 pm, Friday 6:30 am to 11:00 am (Eastern Time).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Steven Huang/Examiner, Art Unit 3723
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