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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“extending assembly” in claim 10, line 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 3 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3, line 2 recites “in a cross manner” and the meaning of that is unclear.
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.
Claims 1-3 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Buckley (US 2020/0275766) in view of Chen (US 2021/0045519) and Errichiello (US 2007/0251041).
As to claim 1, Buckley includes a pool cleaning tool comprising:
a main brush (108) comprising a main frame (140 and the segments having 164/166) and bristles (188) extending therefrom (Fig. 8A), wherein the main frame has at least a locking pin hole (214);
at least a side brush (110, 112) comprising a side brush frame (200) and bristles extending therefrom, wherein the side brush frame has a through hole (212) [Fig. 9A];
a locking element (138) comprising a head (The top circular portion of 138) and a pin shaft (The component below the head) connected therewith.
Buckley does not include wherein the size of the end of the pin shaft far from the head is larger than the through hole, the pin shaft is made of elastic material, such that the pin shaft can pass through the locking pin hole and the through hole to detachably connect the main brush with the at least one side brush.
Chen includes a pool cleaning tool having the size of the end of a pin shaft (The shaft of 5) far from the head (The section of 5 contacting 3) is larger than the through hole (The shaft includes a nut 4 at its end, which is larger than the through hole housing 5).
It would have been obvious to modify Buckley to have a nut screwed onto the end of its shaft, which provides wherein the size of the end of the pin shaft far from the head is larger than the through hole, as taught by Chen, in order to more securely attach the side brushes to the main brush.
Errichiello includes a cleaning tool including a pin shaft (104) made of elastic material (104 is made of metal and that elastically bends; para 24).
It would have been obvious to modify the locking element (and by consequence the pin shaft) of Buckley to be made of elastic material, as taught by Errichiello, in order to provide a material that is strong, durable, and flexes when impacted, allowing the locking element to last longer. The combination provides the pin shaft being made of elastic material such that the pin shaft can pass through the locking pin hole and the through hole to detachably connect the main brush with the at least one side brush (The metal material of the locking element allows the disclosed attachability because metal would allow that to occur).
As to claim 2, wherein the pin shaft has at least one groove at the end far from the head (138 is grooved along its whole length; Fig. 7).
As to claim 3, wherein the pin shaft has two grooves at the end far from the head (The pin shaft has grooves along the whole length of it; Fig. 7) and the two grooves are positioned in a cross manner (The grooves cross over each other).
As to claim 8, wherein there are two side brushes (110, 112; Fig. 7) and the two side brushes are detachably connected to two opposite sides of the main frame (para 98).
As to claim 9, wherein the main frame has an extending portion (130) [Fig. 7 and 8A].
As to claim 10, wherein there is an extending assembly (512) adjustably attached to the extending portion (512 can be unscrewed from 130 partially; Fig. 28C and para 122).
Allowable Subject Matter
Claims 4-7 and 11-20 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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, Monica S. Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW A HORTON/Primary Examiner, Art Unit 3723
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