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 § 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.
Claims 11 and 12 are 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.
The term “feature” in claims 11 and 12 is indefinite. After applying the broadest reasonable interpretation consistent with the specification to the claim the metes and bounds of the claim are not clear, which renders the claim indefinite. Paragraph [0015] of the specification does not further define the feature only stating “[0015] In addition to one or more of the features described herein, or as an alternative, further embodiments of the cleaning device may include the support body having at least one feature extending parallel with a longitudinal axis of the blade.” As neither the claims nor the specification detail the feature, these claims are not precise, clear, correct, and unambiguous, and therefore these claims are rejected based on indefiniteness.
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 1-2 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Patterson, et. al. (US 8726451).
Regarding claim 1, Patterson discloses a cleaning device (figure 1, item 10, column 1 lines 63-65) comprising: a handle (figure 1, item 14); a channel member (figure 1, item 20) operably coupled to the handle; a blade (figure 1, item 18) replaceably coupled to the channel member; a lock assembly that includes: an end cap (figure 1, item 12, column 4 lines 16-21) coupled to the channel member; a lock switch member slidably coupled to the end cap (figure 8 item 50), the lock switch member being movable (column 5, lines 52-56) between an unlocked position (figure 10) and a locked position (figure 11); and a support member (figure 8, item 52) moveably coupled (column 5 lines 8-21; support member 52 is movably coupled as a portion of the end cap) to the end cap and having a support surface (see attached annotated figure 11 (Patterson), below) adjacent a surface of the blade, the support member having a ramp portion (see attached annotated figure 11 (Patterson), below) that is engagable by the lock switch member to translate the support surface into contact with the surface of the blade.
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Patterson fails to disclose an extended position for the locking switch; however, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that Patterson’s locked position accomplishes both functions of locking the end cap and using the extended position (column 2 lines 15-21) to engage the support device to support the blade.
Regarding claim 2, Patterson discloses the cleaning device of claim 1, wherein the lock switch member further includes an angled surface (figure 9, item 72, column 6 lines 13-15) that engages the ramp portion when the lock switch member is moved from the locked position to the extended position (column 2 lines 9-16). Patterson uses an extension region along the longitudinal axis when the clamping member slides into position.
Regarding claim 5, Patterson discloses the cleaning device of claim 1, wherein the support member includes a support arm (see included annotated figure 7 (Patterson), below) that extends laterally in a direction of a wiping edge of the blade.
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Regarding claim 6, Patterson discloses the cleaning device of claim 5, further comprising a clip spring (Figure 9, item 56, column 11 lines 61-63) coupled between the end cap and the lock switch member.
Regarding claim 7, Patterson discloses the cleaning device of claim 6, wherein: the lock switch member further includes a relief area (see attached annotated figure 11 (Patterson), above, column 6 lines 18-26) on a side facing the end cap; and the clip spring is shaped to receive the relief area when the lock switch member is in the unlocked position. Patterson states that the clamping member returns to an unbiased state and returns to its bent shape when in the unlocked position.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Patterson, et. al. (US 8726451) and further in view of Tuomivirtaep, et. al. (EP 4039163).
Regarding claim 8, Patterson discloses the cleaning device of claim 1.
Patterson fails to disclose the pad post for attaching a cleaning cloth to the squeegee.
Tuomivirtaep is also concerned with a cleaning device including a squeegee and cleaning cloth and teaches a pad post (Tuomivirtaep figure 1, item 20, paragraph [0035]) coupled to the end cap. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Patterson to incorporate the pad post for attaching a cleaning cloth to the squeegee as taught by Tuomivirtaep to provide means “for quick and reliable attachment and release of the cleaning cloths” as described in Tuomivirtaep paragraph [0002].
Claims 9, 10, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Patterson, et. al. (US 8726451) and further in view of Vande Vyvere (BE 1024299 A1).
Regarding claim 9, Patterson discloses the cleaning device of claim 1.
Patterson fails to disclose the rotational assembly comprising: a frame coupled to the blade, the frame having a first slot and at least one cantilevered arm with a tooth disposed on one end; and a support body rotationally coupled to the first slot, the support body having a flange with a plurality of second slots, the plurality of second slots sized to receive the tooth.
Vande Vyvere is also concerned with a cleaning tool such as a window wiper for cleaning a surface and teaches the rotational assembly comprising: a frame (figure 11, item 21, page 3 paragraph 10 of the included translation of Vande Vyvere) coupled to the blade (figure 11, item 3, page 3 paragraph 10 of the included translation of Vande Vyvere), the frame having a first slot (figure 11, item 211a, top of page 5 of the included translation of Vande Vyvere) and at least one cantilevered arm (see included annotated figure 11 (Vande Vyvere), below) with a tooth (figure 11, item 13a, page 5 paragraph 4 of the included translation of Vande Vyvere) disposed on one end; and a support body (figure 11, item 211, page 5 paragraph 3 of the included translation of Vande Vyvere) rotationally coupled to the first slot, the support body having a flange with a plurality of second slots (see included annotated figure 11 (Vande Vyvere), below), the plurality of second slots sized to receive the tooth to provide means to move the holder into different positions (page 5 paragraph 9 of the included translation of Vande Vyvere). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Patterson by incorporating the structure of Vande Vyvere as described above to have a squeegee that is “easily and quickly adapted to very different working conditions.” (from the included translation of Vande Vyvere, bottom of page 2).
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Regarding claim 10, the combination of Patterson and Vande Vyvere disclose the cleaning device of claim 9 as discussed above.
Patterson fails to disclose a handle lever pivotally coupled to the frame, the handle lever having a cam surface positioned and shaped to engage at least one cantilever arm in response to the handle lever being moved from an open positioned to a closed position.
However, Vande Vyvere teaches a handle lever (figure 11, item 13, page 5 paragraph 7 of the included translation of Vande Vyvere) pivotally coupled to the frame, the handle lever having a cam surface positioned and shaped to engage at least one cantilever arm in response to the handle lever being moved from an open positioned to a closed position (Vande Vyvere figure 11, item 13 being rotated along axis B). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Patterson by incorporating the structure of Vande Vyvere as described above to have a squeegee that is “easily and quickly adapted to very different working conditions.” (from the included translation of Vande Vyvere, bottom of page 2).
Regarding claim 11, the combination of Patterson and Vande Vyvere disclose the cleaning device of claim 9 as discussed above.
Patterson discloses the support body includes at least one feature (figure 8, items 50 and 52, column 5 lines 46-49) extending parallel with a longitudinal axis of the blade.
Regarding claim 12, the combination of Patterson and Vande Vyvere disclose the cleaning device of claim 11 as discussed above, Patterson and Vande Vyvere fail to disclose at least one feature has a contrasting color to a remaining portion of the support body. However, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to configure the feature as a contrasting color since it has been held to be within the general skill of a worker in the art to select materials and material colors on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07
Regarding claim 13, the combination of Patterson and Vande Vyvere disclose the cleaning device of claim 9 as discussed above.
Patterson fails to teach a button slidably coupled to an aperture in the handle, the button being movable between a first position and a second position.
However, Vande Vyvere teaches a button (figure 7, item 23) slidably coupled to an aperture (from the included translation of Vande Vyvere, page 4, paragraph 7: “a push button (23) is provided in a transverse passage in the base part (21).”) in the handle, the button being movable between a first position and a second position (from the included translation of Vande Vyvere, page 4, paragraph 7: “be pushed from a first position (protruding on one side of the base part) to a second position (protruding on the other side of the base part) and back again.”). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Patterson by incorporating the structure of Vande Vyvere as described above to have a squeegee that is “easily and quickly adapted to very different working conditions.” (from the included translation of Vande Vyvere, bottom of page 2).
Regarding claim 14, the combination of Patterson and Vande Vyvere disclose the cleaning device of claim 13 as discussed above.
Patterson fails to teach the frame includes a portion extending towards the handle, the portion having a third slot; and the button includes a projection sized and positioned to be disposed in the third slot when the button is in the first position and spaced apart from the third slot when the button is in the second position.
However, Vande Vyvere teaches the frame includes a portion (see included annotated figure 7, (Vande Vyvere), below) extending towards the handle, the portion having a third slot (see included annotated figure 7 (Vande Vyvere), below); and the button includes a projection (from the included translation of Vande Vyvere, page 4, paragraph 7: “the protruding rib of the stem”) sized and positioned to be disposed in the third slot (from the included translation of Vande Vyvere, page 4, paragraph 7: “the protruding rib of the stem is located in a recess (205) - see Figure 7 - in the pivotable holder portion (20) so that this holder portion (20) is locked in a well-secured blocking position”) when the button is in the first position and spaced apart from the third slot (from the included translation of Vande Vyvere, page 4, paragraph 7: “In the other position, the protruding rib is not in said recess”) when the button is in the second position. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Patterson with the teachings of Vande Vyvere to have a squeegee that is “easily and quickly adapted to very different working conditions.” (from the included translation of Vande Vyvere, bottom of page 2).
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Regarding claim 15, the combination of Patterson and Vande Vyvere disclose the cleaning device of claim 13 as discussed above.
Patterson fails to teach the blade is in a fixed position relative to the handle when the button is in the first position; and the blade freely rotates about an axis when the button is in the second position.
However, Vande Vyvere teaches the blade is in a fixed position relative to the handle when the button is in the first position; and the blade freely rotates about an axis (Vande Vyvere figure 7, axis A, abstract) when the button is in the second position (from the included translation of Vande Vyvere, page 5, bottom of the page: “by simply moving the push button (23), it is possible to choose a freely swiveling wiper body(3) or a wiper body (3) with a fixed position relative to the handle (1).”). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Patterson with the teachings of Vande Vyvere to have a squeegee that is “easily and quickly adapted to very different working conditions.” (from the included translation of Vande Vyvere, bottom of page 2).
Allowable Subject Matter
Claims 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: although Patterson teaches a surface cleaning tool, the reference fails to teach, suggest, or make obvious the support member includes a pair of pins extending on opposite sides of the ramp portion; and the lock switch member further includes a pair of ribs, the pair of ribs each having a slot sized to receive one of the pair of pins.
Claim 4 is objected to as being a dependent of claim 3.
The following is a statement of reasons for the indication of allowable subject matter: although Patterson teaches a surface cleaning tool, the reference fails to teach, suggest, or make obvious the slot includes an angled surface, the angled surface engaging the pair of pins and translating the support member away from the blade in response to the lock switch member moving from the extended position to the locked position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Vernazza (US 12690742) and Unger (US 4847938) describes a squeegee with pivoting head.
Patterson, et al (US 8955191) describes a squeegee with locking endcaps.
Bussel (US 20200253433) describes a squeegee with a rotating blade holder.
Harrington, et al (US 20240225382) describes a cleaning tool movable on two axes with a locking button.
Cassar (US 20110203065) describes a cleaning tool with means to rotate on an axis within the tool including support means extending along that axis.
Miller (US 20120324665) describes a cleaning tool with means to rotate and pivot the blade.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK A HINDMAN whose telephone number is (571)270-5928. The examiner can normally be reached Monday - Friday, 730-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDERICK A. HINDMAN JR/ Examiner, Art Unit 3723
/BRIAN D KELLER/ Supervisory Patent Examiner, Art Unit 3723
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