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 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) 12-16, 19-22, and 25-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cybulski et al., US 8,438,687.
Regarding claim 12, Cybulski et al. disclose a barbeque grill brush comprising: an elongated brush handle (handle 10 or 217) having a first end and a second end opposite the first end (Figures 1 or 33); a hand grip coupled to the first end of the elongate brush handle (unlabeled upper grip of 1 away from a brush head as shown in Figure 1 or unlabeled upper grip of 217 away from a brush head as shown in Figure 33); a brush holder coupled to the second end of the elongated brush handle (62 in Figure 6 or 236 in Figure 33; see also column 5 lines 33-41), the brush holder comprising a groove (64, Figures 6-7; unlabeled in Figure 33); a brush head comprising a brush attachment to slidably couple the brush head to the groove (brush head 40 with attachment at 68, Figures 14-16; brush head 230 has attachment at 240, Figures 34-35); a metal scraper disposed on the brush holder (94, or 92; column 4 lines 49-60, column 5 lines 39-41); and a knob coupled to the elongated brush handle (unlabeled in Figure 1, where handle 10 is widest; 182 in Figures 29-30). Regarding claim 13, the groove comprises a slot to receive a brush attachment key coupled to the brush attachment (unlabeled, see widest top part of the T shape of 64 in Figures 6-7 that forms a slot that receives the brush attachment key 68 or 240). Regarding claim 14, the brush holder further comprises a channel adjacent the slot to receive a lower portion of the brush attachment adjacent the brush attachment key (channel is the lowermost portion of 64 that receives the lower portion of the brush attachment adjacent the key, not shown attached, see column 4 line 63 to column 5 line 18 and column 8 lines 7-19). Regarding claim 15, the brush attachment includes a thumb handle at an end of the brush attachment key (80, Figures 14-16; 234, Figures 34-35). Regarding claim 16, the thumb handle extends perpendicular to the brush attachment key (at 78 in Figure 14 and 248 in Figure 35).
Regarding claim 19, Cybulski et al. disclose a barbeque grill brush comprising: an elongated brush handle (handle 10 or 217) having a first end and a second end opposite the first end (Figures 1 or 33); a hand grip coupled to the first end of the elongate brush handle (unlabeled upper grip of 1 away from a brush head as shown in Figure 1 or unlabeled upper grip of 217 away from a brush head as shown in Figure 33); a brush holder coupled to the second end of the elongated brush handle (62 in Figure 6 or 236 in Figure 33; see also column 5 lines 33-41), the brush holder comprising a groove (64, Figures 6-7; unlabeled in Figure 33) and a slot that extends along the groove (the upper T portion of the groove is the slot, Figures 6-7); a brush head comprising a brush attachment to slidably couple the brush head to the groove (brush head 40 with attachment at 68, Figures 14-16; brush head 230 has attachment at 240, Figures 34-35), the brush attachment comprising a brush attachment key to engage the slot (68, 240); a metal scraper disposed on the brush holder (94, or 92; column 4 lines 49-60, column 5 lines 39-41); and a knob coupled to the elongated brush handle (unlabeled in Figure 1, where handle 10 is widest; 182 in Figures 29-30). Regarding claim 13, the groove comprises a slot to receive a brush attachment key coupled to the brush attachment (unlabeled, see widest top part of the T shape of 64 in Figures 6-7 that forms a slot that receives the brush attachment key 68 or 240). Regarding claim 20, the brush holder further comprises a channel adjacent the slot to receive a lower portion of the brush attachment adjacent the brush attachment key (channel is the lowermost portion of 64 that receives the lower portion of the brush attachment adjacent the key, not shown attached, see column 4 line 63 to column 5 line 18 and column 8 lines 7-19). Regarding claim 21, the brush attachment includes a thumb handle at an end of the brush attachment key (80, Figures 14-16; 234, Figures 34-35). Regarding claim 22, the thumb handle extends perpendicular to the brush attachment key (at 78 in Figure 14 and 248 in Figure 35).
Regarding claim 25, Cybulski et al. disclose a barbeque grill brush head to detachably attach to a barbeque grill brush handle (40 in Figure 14 or 230 in Figures 33-34 to support cleaning pad 60), the brush head comprising a brush attachment to slidably couple the barbeque grill brush head to a brush holder (holder is 62 or 236) positioned at a first end of the barbeque grill brush handle (brush attachment includes 120 or 232, column 5 lines 19-27, column 8 lines 4-5, Figures 33-35), the brush holder comprising a groove and a slot that extends along a length of the groove (groove unlabeled in Figure 33, see 64 in Figures 6-7 or 136 in Figures 9-10); and a brush attachment key (68 or 240) that extends along a length of the brush attachment to engage the brush holder slot (Figures 14-16 or 33-35). Regarding claim 26, the brush holder further comprises a channel adjacent the slot to receive a lower portion of the brush attachment adjacent the brush attachment key (channel is the lowermost portion of 64 that receives the lower portion of the brush attachment adjacent the key, not shown attached, see column 4 line 63 to column 5 line 18 and column 8 lines 7-19). Regarding claim 27, the brush attachment includes a thumb handle at an end of the brush attachment key (80, Figures 14-16; 234, Figures 34-35). Regarding claim 28, the thumb handle extends perpendicular to the brush attachment key (at 78 in Figure 14 and 248 in Figure 35).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 17 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cybulski et al., US 8,438,687 in view of Vidal, US 6,732,411.
Cybulski et al. disclose all elements previously discussed above, however fails to disclose that the knob is rotatably coupled to the elongated brush handle. The knob of Cybulski et al. forms a lower hand support (see column 7 lines 46-51).
Vidal teaches a tool (32, Figure 15) having an elongated handle (14) and a knob (56), the knob helps a user handle and wield the tool (Abstract), and it is noted that the knob may be used on handles of a variety of hand-held tools to provide additional gripping ability (column 3 lines 39-55). Regarding claims 17 and 23, the knob is rotatably coupled to the elongated handle (via 60 and 62, Figure 15) in order to prevent blisters on the user’s hand (column 3 lines 9-17 and 25-27).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the knob of Cybulski et al. for one that is rotatably coupled to the elongate brush handle, as taught by Vidal, so that the knob can freely rotate and prevent blisters from forming on a user’s hand.
Claim(s) 18, 24, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cybulski et al., US 8,438,687 in view of Krause et al., US 2016/0213221.
Cybulski et al. disclose all elements previously discussed above and discusses numerous materials that the brush head may comprise in the form of a cleaning pad (60, columns 13-16 discuss various forms of the cleaning pad). Cybulski et al. fails to disclose or specify that the brush head specifically comprises a foam that is rigid when cooled and soft when heated.
The applicant’s specification in page 4 third paragraph points to Krause et al. (US 2016/0213221) as teaching that it is known to have a brush head comprise a foam that is rigid when cooled and soft when heated. Regarding 18, 24, and 29, Krause et al. teach a foam pad (12, paragraph 0016) that is rigid when cooled and soft when heated to improve the scouring ability of the sponge (paragraphs 0008, 0017), the brush head has a mesh outer covering (14) to assist in scouring (Abstract, paragraph 0002).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the cleaning pad of Cybulski et al. for one that comprises a foam that is rigid when cooled and soft when heated and covered with a mesh material, as taught by Krause et al., to provide a scrubbing or scouring sponge that is effective in scouring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 3,113,335 to Baicker teach a grill cleaning brush wherein a brush head has an attachment to slidably couple the brush head to a brush holder (Figure 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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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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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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