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 Objections
Claim 4 is objected to because of the following informalities:
There is no space between “25-35” and “mm”.
Claim 5 is objected to because of the following informalities:
There is no space between “30-150” and “mm”.
Claim 6 is objected to because of the following informalities:
There is no space between “30” and “kg” and “25” and “kg”.
Claim 10 is objected to because of the following informalities:
Line 4 recites “to collide” inappropriately, which is incorrect grammar. Replace “to collide” with “from colliding”.
Claim 11 is objected to because of the following informalities:
Line 4 recites “to collide” inappropriately, which is incorrect grammar. Replace “to collide” with “from colliding”.
Appropriate correction is required.
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 4 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 4 recites “preferably”, therefore, it is unclear if the language afterward is required in this claim. Suggestion: Replace “preferably” with “or”. “preferably” is also seen in claim 5, line 3, claim 6, lines 2 and 3, and claim 7, line 3 (two times).
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, 3-9, 15 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Foss (US 2007/0124879) in view of Charette (US 2018/0014632) and Njenga (US 2019/0059212).
As to claim 1, Foss (Embodiment of Fig. 2) includes a padel turf sand brush (100) for maintenance of indoor or outdoor padel turfs (100 is capable of sweeping sand off of surface, such as a padel turf sand brush), comprising a base member (The platform bristles 110 are on), wherein the base member comprises a top surface (The uppermost surface of the base member) and a bottom surface (The lowermost surface of the base member), wherein the base member further has a main direction (The forward direction) defined as the direction of travel when the brush is in use, and a secondary direction (The direction into the page) defined as being perpendicular to the main direction wherein the main direction and the secondary direction are substantially in the horizontal plane when the brush is in use, wherein the brush further comprises a brush shaft (102) arranged to the base member, characterized in that the brush comprises a plurality of brush portions (110), arranged to the bottom surface of the base member, wherein the each brush portion comprises a plurality of bristles (para 2), and wherein each brush portion extend in the secondary direction and distributed with a distance in the main direction so that the padel turf sand is trapped between a first and a second of said plurality of elongated brush portions during movement of the brush in the main direction for distribution of sand from areas with excess of sand to areas with a shortage of sand (Sand would be trapped between two different rows of brush portions).
Foss does not include wherein the base member and the brush shaft are interconnected by means of a connecting part, the brush has a weight of at least 10 kg, and the brush portions as elongated and elongated in the secondary direction.
Charette (Fig. 1) includes a brush (10) having a base member (18), a brush shaft (12), and a plurality of elongated brush portions (26), wherein the base member and the brush shaft are interconnected by means of a connecting part (24) [para 36]. The connecting part permits the brush shaft to pivot relative to the base member.
Njenga (Fig. 1-2) includes a brush (10) having a base member (12), a brush shaft (16), and a plurality of elongated brush portions (40; Fig. 6).
It would have been obvious to modify Foss so that the base member and the brush shaft are interconnected by means of a connecting part, the connecting part allowing the brush shaft to pivot relative to the base member, as taught by Charette, allowing the brush to clean hard to reach areas.
It would have been an obvious and a matter of routine optimization to modify the weight of the brush to be a certain weight, in order to provide the necessary force of sweeping to control the sand.
It would have been an obvious to modify the brush to be elongated, as taught by Njenga, in order to sweep a great amount of sand at one time.
As to claim 3, wherein the length of the bristles is shorter than the distance between the first and the second elongated brush portion (Fig. 2) for providing said transfer effect of sand in front of the first and the second of said plurality of elongated brush portion in the direction of travel.
As to claim 4, Foss does not include wherein the length of the bristles is 15-40 mm, preferably 25-35mm. It would have been an obvious and a matter of routine optimization to modify bristle length to be a certain length, in order to sweep sand to the level of effectiveness desired.
As to claim 5, Foss does not include wherein the distance between the first and the second elongated brush portion is 30-150 mm preferably 41-60 mm. It would have been an obvious and a matter of routine optimization to modify the distance between the first and the second elongated brush portion to be a certain distance, in order to sweep the necessary amount of sand at one time so as to avoid straining the operator.
As to claim 6, Foss does not include wherein the weight of the padel turf sand brush is between 10 and 40 kg, preferably between 13 and 30 kg and more preferably between 14 and 25 kg. It would have been an obvious and a matter of routine optimization to modify the weight of the brush to be a certain weight, in order to provide the necessary force of sweeping to control the sand.
As to claim 7, wherein the plurality of elongated brush portions comprise at least three elongated brush portions (3 brush portions 100 are there; Fig. 2), preferably at least four elongated brush portions or more preferably more than five elongated brush portions, or about seven elongated brush portions (Due to the term “preferably”, more than three brush portions is not required), for trapping said sand between two adjacent elongated brush portions so as to transfer the sand between elongated brush portions in the direction of travel.
As to claim 8, Foss does not include wherein the base member has a rectangular shape, and wherein the width of the base member is 400-500 mm and the length of the base member is 700-800 mm, for providing an interaction between the brush and the artificial grass of the padel turf. It would have been an obvious and a matter of routine optimization to modify the width and length of the base member to be a certain width and length, in order to sweep the necessary amount of sand at one time so as to avoid straining the operator.
As to claim 9, Charette provides wherein the connecting part at a first (top) end is connected to a first (bottom) end of the brush shaft, and wherein the connecting part at a second (bottom) end is further connected to a front (left) portion of the base member in the direction of travel (connection occurs in the forward direction).
As to claim 15, wherein the base member is rigid (The materials used include wood, metals, and plastics; para 14).
As to claim 21, Foss (Embodiment of Fig. 2) includes a brush (100) for maintenance of indoor and outdoor padel turfs (100 is capable of sweeping sand off of surface, such as a padel turf sand brush), comprising a base member (The platform bristles 110 are on), wherein the base member comprises a top surface (The uppermost surface of the base member) and a bottom surface (The lowermost surface of the base member), wherein the base member is arranged horizontally when being used, wherein the base member further has a main direction (The forward direction) defined as the direction of travel when the brush is in use, and a secondary direction (The direction into the page) defined as being perpendicular to the main direction, wherein the main direction and the secondary direction are substantially in the horizontal plane when the brush is in use, wherein the brush further comprises a brush shaft (102) arranged to the base member, wherein the brush further comprises a first and a second brush portion (110), arranged to the bottom surface of the base member, wherein the first and the second brush portion comprises a plurality of bristles (para 2), and wherein the first and the second brush portion extend (have a length) in the secondary direction, and wherein the first and the second brush portion are distributed (have a length) in the main direction, wherein the first and the second elongated brush portion interact when the brush is in use by being moved on top of the surface of the padel turf, such that the padel turf sand is transferred from areas of the padel turf having too much sand to areas of the padel turf having too little sand, as some of the sand being brushed stays in front, in the direction of travel, of the first and the second elongated brush portion for a certain period of time (The brush is able to provide that outcome).
Foss does not include wherein the base member and the brush shaft are interconnected by means of a connecting part, and the brush portions as elongated and elongated in the secondary direction.
Charette (Fig. 1) includes a brush (10) having a base member (18), a brush shaft (12), and a plurality of elongated brush portions (26), wherein the base member and the brush shaft are interconnected by means of a connecting part (24) [para 36]. The connecting part permits the brush shaft to pivot relative to the base member.
Njenga (Fig. 1-2) includes a brush (10) having a base member (12), a brush shaft (16), and a plurality of elongated brush portions (40; Fig. 6).
It would have been obvious to modify Foss so that the base member and the brush shaft are interconnected by means of a connecting part, the connecting part allowing the brush shaft to pivot relative to the base member, as taught by Charette, allowing the brush to clean hard to reach areas.
It would have been an obvious to modify the brush to be elongated, as taught by Njenga, in order to sweep a great amount of sand at one time.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Foss (US 2007/0124879) in view of Charette (US 2018/0014632) and Njenga (US 2019/0059212), and further in view of McGoldrick (US 2,126,023) and Hoff (US 2016/0128462).
As to claim 2, Foss does not include wherein the brush further comprises a collection container detachably arranged to the base member, for the collection of litter, residues, among others.
McGoldrick includes a brush having a collection container (4) arranged to a base member (1), for the collection of litter, residues, among others (page 1, right column, lines 44-47).
Hoff includes a collection container (14) detachable from a base member (13) [para 32].
It would have been obvious to modify Foss so that a collection container arranged to the base member, for the collection of litter, residues, among others, as taught by McGoldrick, in order to clean up dirt more efficiently, and to modify the connection between the collection container and the base member to be detachable, as taught by Hoff, in order to permit the container to be stored separately from the brush for separate use.
Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Foss (US 2007/0124879) in view of Charette (US 2018/0014632) and Njenga (US 2019/0059212), and further in view of Spangberg (US 2015/0096593).
As to claim 10, Foss does not include a first bumper arranged at a first corner of the base member, and a second bumper arranged at a second corner of the base member, for preventing the base member to collide into glass walls of the padel court when in use.
Spangberg (Fig. 2) includes a brush (100; para 24) having a base member (102; para 24), a first bumper (a first wheel 108) at a first corner of the base member, a second bumper (a second wheel 108) at a second corner of the base member, and a third bumper (a third wheel 108) at a third corner of the base member.
It would have been obvious to modify Foss to have a first bumper arranged at a first corner of the base member, and a second bumper arranged at a second corner of the base member, for
preventing the base member to collide into glass walls of the padel court when in use, as taught by Spangberg, in order to prevent damage to walls nearby (para 28) and the brush.
As to claim 11, Spangberg provides a third bumper arranged at a third corner of the base member, as discussed in claim 10 above. Adding a fourth bumper arranged at a fourth corner of the base member, for preventing the base member to collide into the glass walls of the padel court when in use, would have been obvious, in view of Spangberg, due to it teaching the idea of a bumper on multiple corners of the base member. Adding a bumper on any corner is logical because the corner is the feature that causes damage to surrounding walls or the brush.
As to claim 12, Spangberg provides the brush further comprising a first wheel arranged at a first corner on the top surface of the base member, and a second wheel arranged at a second corner on the top surface of the base member, for the first and the second wheel to function as transportation means for the brush when the base member is tipped over from the horizontal position to an at least partly vertical position, so that the base member rests on the first and the second wheel (Wheels 108 permit the base to roll on the cleaning surface no matter the base’s orientation; para 28), as discussed in claim 10 above.
As to claim 13, Spangberg provides wherein the brush further comprises a third wheel arranged at a third corner on the top surface of the base member, as discussed in claim 10 above. Adding a fourth wheel arranged at a fourth corner on the top surface of the base member, for the third and the fourth wheel to function as transportation means for the brush when the base member is tipped over 90° from the horizontal position to a vertical position (Wheels 108 permit the base to roll on the cleaning surface no matter the base’s orientation; para 28), so that the base member rests on the third and the fourth wheel, would have been obvious, in view of Spangberg, due to it teaching the idea of a bumper on multiple corners of the base member. Adding a bumper on any corner is logical because the corner is the feature that causes damage to surrounding walls or the brush.
As to claim 14, Spangberg provides the first, second, third and fourth wheel function as bumpers, for avoiding collisions into glass walls of the padel court when in use (para 28).
Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Foss (US 2007/0124879) in view of Charette (US 2018/0014632) and Njenga (US 2019/0059212), and further in view of Anderson (US 2004/0250365).
As to claim 16, Foss does not include wherein the brush shaft comprises a telescopic function.
Anderson includes a brush (10) having a base member (14), a brush shaft (11), and a plurality of elongated brush portions (38, 39), and wherein the brush shaft comprises a telescopic function (The brush shaft 11 has section 21 and 22 that telescope to shorten and extend the length of 11; para 26).
It would have been obvious to modify the brush shaft to comprise a telescopic function, as taught by Anderson, allowing the brush to clean hard to reach areas.
As to claim 19, Foss does not include wherein the brush further comprises a first wheel and a second wheel and wherein the first and second wheel function as transportation means for the brush when the base member is in the at least partly vertical position.
Spangberg (Fig. 2) includes a brush (100; para 24) having a base member (102; para 24), a first bumper (a first wheel 108) at a first corner of the base member, a second bumper (a second wheel 108) at a second corner of the base member, and a third bumper (a third wheel 108) at a third corner of the base member, wherein the first and second wheel function as transportation means for the brush when the base member is in the at least partly vertical position (Wheels 108 permit the base to roll on the cleaning surface no matter the base’s orientation; para 28).
It would have been obvious to modify Foss to have a first bumper (wheel) arranged at a first corner of the base member, and a second bumper (wheel) arranged at a second corner of the base member, and wherein the first and second wheel function as transportation means for the brush when the base member is in the at least partly vertical position, as taught by Spangberg, in order to prevent damage to walls nearby and the brush.
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Foss (US 2007/0124879) in view of Njenga (US 2019/0059212) and Vosbikian (US 2009/0172903).
As to claim 17, A method for redistributing sand at a padel turf (The brush is capable of doing that), using a padel turf sand brush (100) comprising a plurality of brush portions (110) arranged to a bottom surface (The lowermost surface of the base member) of a base member (The platform bristles 110 are on) wherein each brush portion comprises a plurality of bristles (para 2),
Foss does not include the brush having a weight of at least 10 kg, and the brush portions as elongated, and the method comprising the steps of:
-transporting the brush onto the padel turf while having the base member in an at least partly vertical orientation,
- tipping the base member into a substantially horizontal orientation coinciding with a surface of the padel turf, -moving the brush on the padel turf along a main direction so that sand is trapped between a first and a second of the plurality of brush portions for distributing sand from areas with excess of sand to areas with shortage of sand.
Njenga (Fig. 1-2) includes a brush (10) having a base member (12), a brush shaft (16), and a plurality of elongated brush portions (40; Fig. 6).
Vosbikian (Fig. 1) includes a brush (1) having a base member (8), a brush shaft (2), and a plurality of elongated brush portions (44), wherein the base member and the brush shaft are interconnected by means of a connecting part (10) [para 15-16], and a method for redistributing sand at a padel turf (The brush is capable of doing that), the method comprising the steps of:
-transporting the brush onto the padel turf (The brush may be used to sweep sand on padel turf because it is for sweeping a soiled surface. Since the brush is for sweeping a surface, the orientation of the surface to be cleaned, such as horizontal, vertical, or sloped, would not matter; para 18) while having the base member in an at least partly vertical orientation (The vertical orientation is seen in Fig. 3, which is enabled by attaching the brush shaft 2 into locking clamp 15; para 19),
- tipping the base member into a substantially horizontal orientation coinciding with a surface (32) of the padel turf (The vertical orientation is seen in Fig. 3), -moving the brush on the padel turf along a main direction (The forward direction) so that sand is trapped between a first and a second of the plurality of brush portions for distributing sand from areas with excess of sand to areas with shortage of sand (Any sand on the surface would be trapped between the brush portions).
It would have been an obvious and a matter of routine optimization to modify the weight of the brush to be a certain weight, in order to provide the necessary force of sweeping to control the sand.
It would have been an obvious to modify the brush to be elongated, as taught by Njenga, in order to sweep a great amount of sand at one time.
It would have been an obvious to modify the method of brushing to include the steps of: transporting the brush onto the padel turf while having the base member in an at least partly vertical orientation, tipping the base member into a substantially horizontal orientation coinciding with a surface of the padel turf, and moving the brush on the padel turf along a main direction so that sand is trapped between a first and a second of the plurality of brush portions for distributing sand from areas with excess of sand to areas with shortage of sand, as taught by Vosbikian, in order to permit greater ease of cleaning with the brush for both vertical and horizontal surfaces.
As to claim 18, Vosbikian provides further comprising the step of:
- tipping the base member back into an at least partly vertical orientation (The base member would be moved between the horizontal and vertical orientation of Fig. 2 and Fig. 3 depending on if the surface being cleaned is horizontal or vertical), transporting the brush away from the padel turf while having the base member in the at least partly vertical orientation (When brushing is complete or if one is taking a break from cleaning, the brush would be moved [transported] away from the surface being cleaned).
Conclusion
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/ANDREW A HORTON/Primary Examiner, Art Unit 3723