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
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.
Claims 1-2, 4-5, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 202020004692 to Luehr.
Regarding claim 1, Luehr discloses a device for fluid flow-based cleaning (see machine translation, page 1, Description, Technical area, “The present invention…”) comprising: a basket-like frame construction (Fig. 2, generally and at part 1), wherein the basket-like frame construction comprises one or more strut-like or strut-shaped receiving elements (Fig. 2, at part 14), wherein the strut-like receiving elements can be or are arranged at an angle of between 5 and 45° relative to a horizontally oriented reference plane (Fig. 2, part 14); and a receiving device that is configured as a receiving chamber for receiving the basket-like frame construction (dishwasher; machine translation, page 2, Description, Presentation of the Invention, paragraph 3, “The washing device according to…”).
The claim language in claim 1, regarding “of mouthpieces or pipes of a shisha”; “for storage of mouthpieces and/or pipes of the shisha that are to be cleaned in a fluid flow-based manner”; and “for receiving the mouthpiece and/or pipe of the shisha that are to be cleaned in the fluid flow-based manner” are all statements regarded as intended use, do not add further structural limitations to the claim language, and because the apparatus of Luehr is capable of performing said intended use, the limitations of the claim are considered to be met.
Regarding claim 2, Luehr discloses that wherein the strut-like receiving elements each comprise a flow channel structure through which a cleaning fluid can flow (Fig. 1, parts 14-16 and 8), and one or more outlet openings which communicate with the flow channel structure and which are hole-like or hole-shaped or slit-like or slit-shaped, and via which the cleaning fluid flowing through the flow channel structure can escape (Fig. 1, at part 14; machine translation, page 2, Description, Presentation of the Invention, paragraph 3, “The washing device according to…”, paragraph 5, “The cleaning liquid…”).
Regarding claim 4, Luehr discloses in that wherein the strut-like or strut-shaped receiving elements are configured, in a region of an end remote from a free end, having an enlarged cross-sectional geometry that forms a clamping or bracing portion for clamping or bracing (Fig. 2, part 5)
The claim language in claim 4, regarding “the mouthpiece and/or pipe of the shisha that is to be cleaned” is a statement regarded as intended use, does not add further structural limitations to the claim language, and because the apparatus of Luehr is capable of performing said intended use, the limitations of the claim are considered to be met.
Regarding claim 5, Luehr discloses wherein the strut-like or strut-shaped receiving elements are configured, in a region of an end remote from a free end, having a stop element that forms a stop surface for the mouthpiece and/or pipe of the shisha that is to be cleaned and that is received on the respective receiving element (see Fig. 1 and 2, at parts 12 and 13).
Regarding claim 11, Luehr discloses further comprising a receiving element group which comprises a plurality of receiving elements that are arranged side-by-side on a first carrier portion in at least one row, in a first angular orientation, and at least one second receiving element group which comprises a plurality of receiving elements that are arranged side-by-side on a second carrier portion in at least one row, in a first angular orientation (See Fig. 9, generally, at part 1, and the plurality of frame elements).
Regarding claim 12, Luehr discloses wherein the basket-like frame construction comprises a plurality of frame elements which are arranged in an angled manner on a vertically oriented rod-like or rod-shaped frame element at different axial and/or peripheral direction-related positions with respect to a frame element axis defined by the rod-shaped or rod-like frame element (See Fig. 9, generally, at part 1, and the plurality of rod-shape frame elements).
Regarding claim 13, Luehr discloses a basket-like frame construction for the device according to claim 1 (see Fig. 1, 2, and 9, generally and at part 1)
Regarding claim 14, Luehr discloses that the device may be used for cleaning pipes along with method thereof (machine translation, page 1, Description, Technical Area, “The present invention relates…”, page 2, paragraph 2, “The flushing device according to…”), a shisha is a type of pipe, therefore one of ordinary skill in the art realizes that the device.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over DE 202020004692 to Luehr.
Regarding claim 3, Luehr is relied upon as above in claim 1. Luehr does not disclose wherein the strut-like receiving elements are of a length in a range between 10 cm and 40 cm.
However, wherein the general conditions of the strut-like receiving elements are disclosed in the prior art to Luehr, it is not inventive to discover the optimum or workable ranges by routine experimentation of the length in a range between 10 cm to 40 cm. See MPEP 2144.05, II, A.
Regarding claim 6, Luehr is relied upon as above in claim 1. Luehr discloses a carrier portion (Fig. 1, at part 22). Luehr does not disclose wherein a plurality of the one or more strut-like or strut-shaped receiving elements are arranged side-by-side on a carrier portion, in at least one row, forming a receiving element group.
However, this is merely an obvious duplication parts that has not been shown to produce a new and unexpected result all in order to achieve the predictable result of cleaning pipes therein. See MPEP 2144.04, VI, C.
Regarding claims 7-10, Luehr is relied upon claim 6 as modified above. Luehr discloses wherein the carrier portion comprises a flow channel structure through which a cleaning fluid can flow (see Machine Translation, Abstract, regarding part 22); wherein the flow channel structure on a carrier portion side communicates with at least one flow channel structure on a receiving element side (see Machine Translation, Abstract, regarding part 22); wherein the carrier portion is arranged or formed on a base portion of the basket-like frame construction (Fig. 1, at part 22), and the base portion comprises a flow channel structure through which the cleaning fluid can flow (see Machine Translation, Abstract, regarding part 22); and wherein the flow channel structure on a base portion side communicates with at least one flow channel structure on the carrier portion side (Fig. 1, at part 22; see Machine Translation, Abstract, regarding part 22).
Conclusion
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BENJAMIN LEE OSTERHOUT
Primary Examiner
Art Unit 1711
/BENJAMIN L OSTERHOUT/Primary Examiner, Art Unit 1711