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 1 objected to because of the following informalities:
“configured as scraper” should be “configured as a scraper”.
“configured as spatula with pad” should be “configured as a spatula with a pad”.
The claim does not end in a period.
Appropriate correction is required.
Claim 3 objected to because of the following informalities:
“deformable I flexible” should be “deformable/flexible”.
“Detergent I sanitizing” should be “Detergent/sanitizing”
Appropriate correction is required.
Claim 6 objected to because of the following informalities:
“said collar of said third coupling” should be “said tubular collar of said third coupling”.
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 3 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 cites “a pad, comprising…” this is unclear, as it is unclear if this pad is meant to be the same pad as “a second head configured as spatula with pad” or refer to a secondary pad. Based on the applicant’s disclosure, this will be interpreted as “the pad, comprising a cleaning mat….”
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 (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 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) 1-3, 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Johnston (US 8342768 B1) in view of Nanda (US 20070077113 A1)
Johnston discloses A device, comprising a handle (12), a first head (30) couplable on said handle and a second head (50) couplable on said handle (12), alternatively with respect to said first head (See Col 3 Line 15-19 “The pair of attachments is removably fitted to the spray head fitting 20. The attachments comprise the first attachment 30 and the second attachment 50. Each attachment has a first end 34 spaced apart from a second end 35.”), wherein said handle comprises a first coupling member (20), said first head comprises a second coupling member (32/33), said second head comprises a third coupling member (32/33 See Col 3 Line 20-22 “a cylinder 33 is disposed within the first end 34 of each attachment. A pair of opposed locking grooves is diametrically disposed within each cylinder 33.”), wherein said first coupling member and said second coupling member provide a first demountable connection means of said first head with respect to said handle configured as bayonet coupling, said first coupling member and said third coupling member respectively provide a second demountable connection means of said second head with respect to said handle configured as bayonet coupling (See Col 3 Line 23-28 “The locking grooves are in removable receipt of the lock tabs 22 of the spray head fitting 20. The locking grooves provide for the attachments to fit the spray head fitting 20 via only a quarter turn. The locking grooves comprise the first quarter turn locking groove 36 and the second quarter turn locking groove 37.” Discussing that both the heads utilize the same bayonet coupling channel to mate with the coupling member 22).
But does not explicitly disclose the device is for cleaning footwear,
The first head configured as a scraper
The second head configured as a spatula with a pad
However, Nanda discloses a tool for cleaning footwear (See Para [0003] “The present inventions relate to footwear and, more particularly, relate to footwear care systems.”) including a scraper (86) and a pad (120).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to combine the teachings of Johnston and Nanda to disclose A device for cleaning footwear (Nanda Para [0003] “The present inventions relate to footwear and, more particularly, relate to footwear care systems.”), comprising a handle (Johnston 12), a first head (Johnston 30) configured as scraper (Nanda 70) and couplable on said handle (Johnston 12) and a second head (Johnston 50) configured as spatula with pad (Nanda 120) and couplable on said handle (Johnston 12), alternatively with respect to said first head (See handles being interchangeable in figure 1), wherein said handle comprises a first coupling member (Johnston 22), said first head (Johnston 30) comprises a second coupling member (Johnston 32), said second head (Johnston 50) comprises a third coupling member (Johnston 32), wherein said first coupling member and said second coupling member provide a first demountable connection means of said first head with respect to said handle configured as bayonet coupling (See Johnston Col 3 Line 23-28 “The locking grooves are in removable receipt of the lock tabs 22 of the spray head fitting 20. The locking grooves provide for the attachments to fit the spray head fitting 20 via only a quarter turn. The locking grooves comprise the first quarter turn locking groove 36 and the second quarter turn locking groove 37.” Discussing that both the heads utilize the same bayonet coupling channel to mate with the coupling member 22), said first coupling member and said third coupling member respectively provide a second demountable connection means of said second head with respect to said handle configured as bayonet coupling (See Johnston Col 3 Line 23-28 “The locking grooves are in removable receipt of the lock tabs 22 of the spray head fitting 20. The locking grooves provide for the attachments to fit the spray head fitting 20 via only a quarter turn. The locking grooves comprise the first quarter turn locking groove 36 and the second quarter turn locking groove 37.” Discussing that both the heads utilize the same bayonet coupling channel to mate with the coupling member 22) as Nanda discloses that the pad and scraper may be permanently or temporarily attached to the tool (See Para [0029] “One or more of the brush apparatus 50, the applicator system 58, and the digger 70 can be coupled permanently or temporarily to the body 46.”, Para [0047] “However, the spreader 120 can be temporarily coupled to the body 46. For example, hoop and loop type fasteners (e.g., VELCRO.RTM.), temporary adhesives (e.g., pressure sensitive adhesives), fasteners (e.g., screws or other mechanical fasteners), and other temporary attachment means can be used to couple the spreader 120 to the body 46.” And Para [0049] “With respect to FIG. 8, the body 46 can be attached to the brush apparatus 50 and the digger 70. The illustrated body 46, the brush apparatus 50, and the digger 70 have a one-piece construction, although they can have a multi-piece construction as discussed above.”), and Johnston allows for these tools to be disposable and replaceable (See Col 2 Line 1-5 “A user can thereby choose whether or not to use the cleaning agent. As the attachments are designed to be disposed of, a user can do so and simply insert a new attachment onto the spray head fitting, with only a quarter turn needed to secure each attachment.”) allowing the user to easily swap or replace tools as they become worn.
Regarding Claim 2, Johnston as modified discloses all the limitations of claim 1 and in addition discloses wherein said first head (Johnston 30) configured as scraper (Nanda 70) comprises a supporting body (Nanda 80) and a blade (Nanda (86)) provided integral at a first end of said supporting body (See Nanda Fig. 2).
Regarding Claim 3, Johnston as modified discloses all the limitations of claim 1, and in addition discloses Wherein said second head configured as spatula with pad comprises:
- A supporting body (168) configured as container (Annotated Figure A), which has a bottom wall and a side wall (Annotated Figure A);
- A pad (Nanda 120), comprising a cleaning mat in deformable I flexible material (See Nanda Para [0043] “The spreader 120 can be a sponge, absorbent member, pad, or other suitable or structure for spreading material, preferably released from the body 46. In some embodiments, the spreader 120 is an open-celled foam member that can absorb liquid released from the body 46.”) and suitable to be soaked with a detergent I sanitizing liquid substance, wherein said cleaning mat is inserted at least partially into said container (See Nanda Para [0042] “In some embodiments, the spreader 120 can be used to apply, e.g., waterproofing material, polish, conditioner, cleaners, and other footwear care materials. The material applied by the spreader 120 can be a liquid, gel, paste, or other spreadable material that can be stored in the body 46, although the material may not be stored in the body 46. In some embodiments, the spreader can be used to pick up material stored in a separate container.”).
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Annotated Figure A (Figure 8 of Nanda)
Regarding Claim 5, Johnston as modified discloses all the limitations of claim 1 and in addition discloses
-Said Handle (12 of Johnston) comprises said first coupling member (20 of Johnston) shaped as tubular bushing (See Figure 1 of Johnston);
-Said first head (30 of Johnston) comprises said second coupling member (33 of Johnston) shaped as tubular collar (See Figure 1) and configured to be fitted, in coaxial arrangement, with respect to said first coupling member, in positive mechanical engagement with respect to said bushing, producing the coupling of said first head with respect to said handle, with the possibility of relative rotation (See Col 3 Line 28-31 “An abutment 32 is disposed medially within each cylinder 33. The abutment 32 is in firm removable water tight receipt of the spray head fitting 20 annular end 24. A passage 41 is extended from each cylinder 33.”); and
-said second head (50 of Johnston) comprises said third coupling member (33 of Johnston) shaped as tubular collar (See Fig. 1) and configured to be fitted, in coaxial arrangement, with respect to said first coupling member, in positive mechanical engagement with respect to said bushing, producing the coupling of said second head with respect to said handle, with the possibility of relative rotation (See Col 3 Line 28-31 “An abutment 32 is disposed medially within each cylinder 33. The abutment 32 is in firm removable water tight receipt of the spray head fitting 20 annular end 24. A passage 41 is extended from each cylinder 33.”).
Regarding Claim 6, Johnston as modified discloses all the limitations of claim 5 and in addition discloses
-Said first coupling member (20) shaped as a tubular bushing (See Fig. 1 of Johnston) has an integral boss (22)
-Said tubular collar (See Fig. 1) of said second coupling member (33 of Johnston attached to 30) has at least one slotted hole (36 and 37), configured to receive internally said boss (22) of said bushing (20), when said first head (30) is coupled on said bushing of said handle (12).
-Said collar (See Fig. 1) of said third coupling member (33 of Johnston attached to 50) has a slotted hole (36 and 37), configured to receive internally said external boss (22) of said bushing (20), when said second head (50) is coupled on said bushing of said handle (12).
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Johnston (US 8342768 B1) in view of Nanda (US 20070077113 A1) as modified in claim 1 and in further view of Welschoff (US 20180206623 A1) and Knutson (US 20040016073 A1).
Regarding Claim 4, Johnston as modified discloses all the limitations of claim 3 but does not explicitly disclose wherein said side wall of said container has at least one opening, and wherein said second head comprises a frame that supports said cleaning mat and comprises at least one elastic tooth, configured to engage with elastic snap connection said at least one opening of said side wall of said container.
Welschoff discloses a similar brush including a head with a side wall (532) with at least one male locking component (530), and wherein said head comprises a frame (502) that supports a cleaning mat (512) and comprises at least one female locking component (576), configured to engage with the male locking component.
Additionally, Knutson discloses a detachable head (30) for a brush (10), the detachable head having a sidewall (30) with an opening (34), a frame (20) with an elastic tooth (22 and leaf spring 24) configured to engage with elastic snap connection with the at least one opening of said wall of said container.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the second head of Johnston such that wherein said side wall of said container has at least one opening, and wherein said second head comprises a frame that supports said cleaning mat as doing so would allow for easier removal and replacement for different cleaning pads and to further modify it such that the frame comprises at least one elastic tooth, configured to engage with elastic snap connection said at least one opening of said side wall of said container as the use of and elastic tooth and opening is described as an equivalent method of attachment as described by Nanda in Para [0047] “In some embodiments, the spreader 120 is permanently attached to the body 46. Adhesives, glues, and other attachment means can be employed to couple the spreader 120 to a bottom surface 168 (FIG. 8) of the body 46. However, the spreader 120 can be temporarily coupled to the body 46. For example, hoop and loop type fasteners (e.g., VELCRO.RTM.), temporary adhesives (e.g., pressure sensitive adhesives), fasteners (e.g., screws or other mechanical fasteners), and other temporary attachment means can be used to couple the spreader 120 to the body 46.” See MPEP 2144.06 II
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Johnston (US 8342768 B1) in view of Nanda (US 20070077113 A1) as modified in claim 1 and in further view of Heathcock (US 20030233718 A1).
Regarding Claim 7, Johnston as modified discloses all the limitations of claim 6 and in addition suggests but does not explicitly disclose wherein
Said slotted hole (36 and 37) of said second coupling member has, in proximity of a first end zone, a narrowing, wherein the opening of said narrowing is slightly smaller than the overall size of said boss of said bushing of the handle (See Johnston Col 3 Line 23-28 “The locking grooves are in removable receipt of the lock tabs 22 of the spray head fitting 20. The locking grooves provide for the attachments to fit the spray head fitting 20 via only a quarter turn. The locking grooves comprise the first quarter turn locking groove 36 and the second quarter turn locking groove 37.” 36 and 37 are referred to as locking members, which seems to indicate that the opening is initially large enough for the boss to be inserted, while then narrowing to not allow the boss to be removed without sliding the boss out through the opening); and,
Said slotted hole (36 and 37) of said third coupling member has, in proximity of an end zone, a narrowing, wherein the opening of said narrowing is slightly smaller than the overall size of said boss of said bushing of the handle (See Johnston Col 3 Line 23-28 “The locking grooves are in removable receipt of the lock tabs 22 of the spray head fitting 20. The locking grooves provide for the attachments to fit the spray head fitting 20 via only a quarter turn. The locking grooves comprise the first quarter turn locking groove 36 and the second quarter turn locking groove 37.” 36 and 37 are referred to as locking members, which seems to indicate that the opening is initially large enough for the boss to be inserted, while then narrowing to not allow the boss to be removed without sliding the boss out through the opening).
Heathcock discloses a similar locking channel mechanism, wherein the slotted hole narrows such that the opening of said narrowing is slightly smaller than the overall size of said boss of said bushing of the handle (See Para [0067] “Note also that the bosses 40 are more shallow than the thickness of the D-shaped openings 48 such that they are recessed within the openings. This, and the rigidity of the plastic, makes it difficult to compress the male ends to separate the sections. Thus, the handle is not only rigidly connected at the joints but its sections are substantially permanently connected once joined.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the slotted holes of Johnston as modified such that in proximity of an end zone, a narrowing, wherein the opening of said narrowing is slightly smaller than the overall size of said boss of said bushing of the handle, as advantageously suggested by Heathcock as doing so would make it more difficult for the head to become unintentionally disengaged during use.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Johnston (US 8342768 B1) in view of Nanda (US 20070077113 A1) as modified in claim 1 and in further view of Fisher (US 6984165 B1) and Sellers (US 11019900 B1).
Regarding claim 8, Johnston as modified discloses all the limitations of claim 1 but does not explicitly disclose wherein said device comprises a package, in which said handle, said first head, said second head and at least one disposable glove are removably arranged.
However, Fisher discloses a polishing tool that utilizes a glove (See Col 4 Line 24-30 “In a further embodiment, the disposable polish applying and buffing kit is comprises a glove-shaped buffing mitt that is maintained in the shape of a mitt by the second polish impervious layer. When the second layer is removed from the buffing mitt, the buffing mitt can be formed into a glove shape by moving the fingers with the glove shaped buffing mitt.”).
And Sellers discloses a handheld brush for hair that comprising a package (150) including at least a handle (18), a first tubular member (12), second tubular member (112). It would be obvious to one of ordinary skill in the art before effective filling date of the invention to include the handle, said first head, said second heads together in a package for sale, as advantageously described by Seller (See Col 9 Line 26-31 “Additionally, as illustrated in FIG. 24, it is contemplated that the foregoing components may be packaged together into a box 150 as a kit for retail sale, the components comprising the elongate member 18, the first tubular attachment 12, the second tubular attachment 112, and a role 14 of material 16, each component in any desired number.”). And it would be further obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the package to include a glove for the user as Fisher discloses gloves can protect a user’s hands from being stained (See Col 1 Line 26-33 discussing the use of polishing mitts to protect a user’s hands from staining) or exposed to any wastes, (See Col 5 Line 22-37 discussing the use of medical gloves protecting a user from medical waste during polishing).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tyler James McFarland whose telephone number is (571)272-7270. The examiner can normally be reached M-F 7:30AM-5PM (E.S.T), Flex First Friday.
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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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/T.J.M./ Examiner, Art Unit 3723
/DAVID S POSIGIAN/ Supervisory Patent Examiner, Art Unit 3723
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