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 § 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6,993,796 B1 (hereinafter Hammond) in view of EP 1,449,969 A2 (hereinafter Szabo).
Regarding claim 1, Hammond shows a toilet bowl cleaning device (fig. 1) adapted for dispensing cleaning agent within flow of flushed water dispensed from a toilet tank to a toilet bowl for cleaning and freshening the toilet bowl (col. 1, ln. 61-63), comprising: a cleaning agent retaining member (14), having first and second ends (fig. 1 shows first and second ends coupled to adjusting means (2)) and adapted for being retained within an annular-shaped portion (3) of the toilet bowl at a location within the path of an inlet portion of the toilet bowl located under an upper rim portion of the toilet bowl (fig. 2).
Hammond shows adjusting means (2) adapted for releasably forming said cleaning agent retaining member into an annular-shaped cleaning agent retaining member with the first end being inserted into the second end and that is of expandable and contractable length circumference via said adjusting means (2) (col. 2, ln. 7-13), wherein said adjusting means (2) allows expansion of the circumference of the annular-shaped cleaning agent retaining member for retention under the upper rim of the toilet bowl (col. 2, ln. 18-22), and wherein said adjusting means (2) also allows contraction of the length of the circumference of the annular-shaped cleaning agent retaining member (col. 2, ln.24-26). Hammond shows the adjusting means is an S-clip for sliding adjustment and therefore fails to show it is a ratchet and pawl mechanism. Attention is turned to Szabo, in the same field of endeavor of rim mounting toilet bowl cleaning dispensers, which shows a ratchet and pawl mechanism (fig. 2) is a functionally equivalent substitute for a sliding mechanism (fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to substitute a ratchet and pawl mechanism for the slide mechanism of Hammond since the substitution of one functionally equivalent structure for another involves only routine skill in the art as evidenced by the teachings of Szabo mentioned above.
Regarding claim 2, Hammond shows the annular-shaped cleaning agent retaining member (14) defines an interior space wherein the cleaning agent (5) is adapted for being retained within said interior space and wherein the annular-shaped cleaning agent retaining member has defined therein a plurality of apertures adapted for allowing water from flushing of the toilet to enter into the annular-shaped cleaning agent retaining member interior space to wash over the cleaning agent and also to exit the annular-shaped cleaning agent retaining member via another plurality of apertures corresponding to a plurality of locations adjacent and around the upper rim portion of the toilet bowl and within the path of the flow of water into the toilet bowl (col. 3, ln. 20-28).
Regarding claim 3, Hammond shows the annular- shaped cleaning agent retaining member is expandable in circumference length via said adjusting means to a larger circumference to fit snugly within an upper area of the toilet bowl just under the toilet bowl rim (col. 2, ln. 18-22), and under the modification in view of Szabo would be via the ratchet and pawl mechanism as modified above.
Regarding claim 4, Hammond shows the expansion of the circumference of the annular-shaped cleaning agent retaining member may be reversed to a smaller circumference via said adjust meanings (col. 2, ln.24-26), and under the modification in view of Szabo would be via the ratchet and pawl mechanism.
Regarding claim 5, Hammond shows the first and second ends of the annular-shaped cleaning agent retaining member are adapted for being adjustably interconnected via said adjusting means (see fig. 1), and under the modification in view of Szabo would utilize the ratchet and pawl mechanism to allow for expansion of the circumference of the annular-shaped cleaning agent retaining member.
Regarding claim 6, Hammond shows wherein the first and second ends of the annular-shaped cleaning agent retaining member are adapted for being adjustably interconnected via said adjusting means (2) implemented between the first and second ends to allow for expansion of the circumference of the annular-shaped cleaning agent retaining member (col. 2, ln. 18-22) and under the modification in view of Szabo would utilize said ratchet and pawl mechanism; Szabo shows further comprising a release mechanism (17a) adapted for releasing said ratchet and pawl mechanism to reverse the expansion of the circumference of the annular-shaped cleaning agent retaining member to a smaller circumference annular member.
Regarding claim 7, Hammond shows the annular- shaped cleaning agent retaining member may be bent for removal from the toilet bowl (the retaining member is flexible and thus able to be bent; col. 1, ln. 61-62).
Regarding claim 8, Hammond shows the annular-shaped cleaning agent retaining member (14) is tubular and the interior space adapted for retaining the cleaning agent is of a circular cross section (fig. 9).
Regarding claim 9, Hammond in view of Szabo shows the first end of the annular-shaped cleaning agent retaining member is adapted for interconnection with the pawl and the second end of the cleaning agent retaining member is adapted for interconnection with the ratchet such that during use the first end is adapted for being adjustable retained relative to the second end, and where the ratchet is retained within an interior space of the pawl since the ends of Hammond are capable of being secured by a pawl and ratchet as shown by Szabo in fig. 2.
Regarding claim 10, Hammond shows said cleaning agent retaining member is partially porous (15) and thereby enables a controlled release of the cleaning agent (col. 3, ln. 20-22).
Regarding claim 11, Hammond shows a toilet bowl cleaning device (fig. 1) for dispensing cleaning agent within flow of flushed water dispensed from a toilet tank to a toilet bowl for cleaning and freshening the toilet bowl (col. 1, ln. 61-63), comprising: a cleaning agent retaining member (14) comprising first and second ends (fig. 1 shows first and second ends coupled to adjusting means (2)) and adapted to be deformed into an annular shape (fig. 1), wherein said cleaning agent retaining member (14) is adapted for being retained within the toilet bowl at a location within the path of an inlet portion of the toilet bowl located under an upper rim portion of the toilet bowl (fig. 2), and a cleaning agent (5) retained within said cleaning agent retaining member.
Hammond shows adjusting means (2) adapted for releasably forming said cleaning agent retaining member into an annular-shaped cleaning agent retaining member with the first end being inserted into the second end and that is of expandable and contractable length circumference via said adjusting means (2) (col. 2, ln. 7-13) during use, wherein said cleaning agent retaining member (14) is adapted for storage and shipping in a non-annular configuration (when the two ends are not coupled into the adjusting means (2) the body would be non-annular) wherein said adjusting means (2) allows expansion of the length of the circumference of the annular-shaped cleaning agent retaining member for retention under the upper rim of the toilet bowl (col. 2, ln. 18-22), and wherein said adjusting means (2) also allows contraction of the length of the circumference of the annular-shaped cleaning agent retaining member (col. 2, ln.24-26). Hammond shows the adjusting means is an S-clip for sliding adjustment and therefore fails to show it is a ratchet and pawl mechanism. Attention is turned to Szabo, in the same field of endeavor of rim mounting toilet bowl cleaning dispensers, which shows a ratchet and pawl mechanism (fig. 2) is a functionally equivalent substitute for a sliding mechanism (fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to substitute a ratchet and pawl mechanism for the slide mechanism of Hammond since the substitution of one functionally equivalent structure for another involves only routine skill in the art as evidenced by the teachings of Szabo mentioned above.
Regarding claim 12,Hammond shows said cleaning agent retaining member (14) defines an interior space wherein said cleaning agent (5) is retained within said interior space and wherein said cleaning agent retaining member has defined therein a plurality of apertures adapted for allowing water from flushing of the toilet to enter into said cleaning agent retaining member interior space during use as an annular-shaped cleaning agent retaining member having been formed into an annular configuration to wash over said cleaning agent and also to exit said cleaning agent retaining member via another plurality of apertures corresponding to a plurality of locations adjacent and around the upper rim portion of the toilet bowl and within the path of the flow of water into the toilet bowl (col. 3, ln. 20-28).
Regarding claim 13, Hammond shows said cleaning agent retaining member first and second ends are adapted to form an annular member via use of said adjusting means (2) (fig. 1), wherein the circumference of the annular-shaped cleaning agent retaining member is expandable to a larger circumference via said adjusting means (2) to fit within an upper area of the toilet bowl just under the toilet bowl rim (3), under the modification in view of Szabo would be via the ratchet and pawl mechanism as modified above.
Regarding claim 14, Hammond shows the expansion of the circumference of said cleaning agent retaining member in the shape of an annular member may be reversed to a smaller circumference (col. 2, ln.24-26).
Regarding claim 15, Hammond shows the first and second ends of the cleaning agent retaining member are adapted for being adjustably interconnected via said adjusting means implemented between the two ends (see fig. 1), and under the modification in view of Szabo would utilize the ratchet and pawl mechanism to allow for expansion of the circumference of the annular-shaped cleaning agent retaining member.
Regarding claim 16, the first and second ends of said cleaning agent retaining member are adapted for being adjustably interconnected via said adjusting means (2) implemented between the first and second ends to allow for expansion of the circumference of the cleaning agent retaining member (col. 2, ln. 18-22), under the modification in view of Szabo would utilize said ratchet and pawl mechanism; Szabo shows said ratchet and pawl mechanism further comprising a release mechanism (17a) adapted for releasing said ratchet and pawl mechanism to reverse the expansion of the circumference length of said cleaning agent retaining member in the shape of an annular member to a smaller circumference length.
Regarding claim 17, Hammond shows the annular- shaped cleaning agent retaining member may be bent for removal from the toilet bowl (the retaining member is flexible and thus able to be bent; col. 1, ln. 61-62).
Regarding claim 18, said cleaning agent retaining member is tubular (14) and the interior space adapted for retaining said cleaning agent is of a circular cross section (fig. 9).
Regarding claim 19, Hammond in view of Szabo shows the first end of the annular-shaped cleaning agent retaining member is adapted for interconnection with the pawl and the second end of the cleaning agent retaining member is adapted for interconnection with the ratchet such that during use the first end is adapted for being adjustable retained relative to the second end, and where the ratchet is retained within an interior space of the pawl since the ends of Hammond are capable of being secured by a pawl and ratchet as shown by Szabo in fig. 2.
Regarding claim 20, Hammond shows said cleaning agent retaining member further comprises a partially porous membrane (15) and thereby enables a controlled release of the cleaning agent (col. 3, ln. 20-22).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 4,234,975 is directed to the state of the art of rim mounted elongated tubular toilet bowl cleaning devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754