DETAILED ACTION
This is the Final Office Action for application number 18/923,997 - TOILET CLEANING UTENSIL SET HOLDER AND TOILET CLEANING UTENSIL SET, filed on 10/23/24. Claims 1 and 3-20 and 22 are pending. Claim 2 has been cancelled. Claims 19 and 20 have been withdrawn. This Final Office Action is in response to applicant’s reply dated 6/29/26. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant's amendment necessitated any new ground(s) of rejection presented in this Office action.
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.
Claim(s) 1, 3, 5-9 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (US Pub. 2009/0211926).
Regarding Claim 1 Wang shows a toilet cleaning utensil set holder (Fig. 2), comprising: an upper seat (at 2) provided with an upper seat panel (21), the upper seat panel being provided with a first cleaning utensil accommodating portion (note aperture near 21; Fig. 3) for carrying a first cleaning utensil (B; Fig. 6); a lower seat (at 1) provided with a lower seat panel (at 5; Fig. 2), a second cleaning utensil holding space (5) being provided between the upper seat and the lower seat (Fig. 2) for accommodating a second cleaning utensil (A), and the lower seat panel being provided with a second cleaning utensil resting portion for resting the second cleaning utensil (at 5); and a connecting structure (shown near 2; Fig. 6; connects the first and second utensil holders) for connecting the upper seat to the lower seat (Figs. 1-7).
Wang shows wherein the connecting structure is disposed between the upper seat and the lower seat (Figs. 1-7) wherein the connecting structure comprises an upper seat connector (Fig. 1. Near 2, projections; projecting downward from 2 and on the upper side of 2) and a lower seat connector (Fig. 1, near 1, receptacle on the side of 1, for receiving projecting structures of 2), and the upper seat connector is fixedly connected to the upper seat (Fig. 1) and the lower seat connector is fixedly connected to the lower seat (Fig. 1; ¶ [0021]).
Regarding Claim 3 Wang shows the toilet cleaning utensil set holder of claim 1, wherein the connecting structure is configured to releasably connect the upper seat to the lower seat (Fig. 1).
Regarding Claim 5 Wang shows the toilet cleaning utensil set holder of claim 2, wherein the first cleaning utensil accommodating portion is formed by recessing downwardly from the upper seat panel (Figs. 1 & 6), wherein the first cleaning utensil accommodating portion has a recessed spherical bottom (Figs. 1 & 6) that protrudes downwardly and a recessed annular wall (shown near 21; Fig. 1).
Regarding Claim 6 Wang shows the toilet cleaning utensil set holder of claim 5, wherein the upper seat is further provided with an upper seat annular wall (at 2; Fig. 1) which is formed by extending downwardly from an outer edge of a rear side of the upper seat panel (Figs. 1-8) and a cavity (area between cupped upward wall and 2) is provided between the upper seat annular wall and a rear side of the recessed annular wall (Fig. 6, at least when 21 is in the pivoted open position, a cavity is between the walls).
Regarding Claim 7 Wang shows the toilet cleaning utensil set holder of claim 5, wherein the upper seat connector is formed by protruding downwardly from a spherical lower surface (Fig. 1) of the recessed spherical bottom (Figs. 1-7).
Regarding Claim 8 Wang shows the toilet cleaning utensil set holder of claim 7, wherein the lower seat connector is formed by protruding upwardly from the lower seat panel (via 1) for releasably connecting to the upper seat connector (Figs. 1-7).
Regarding Claim 9 Wang shows the toilet cleaning utensil set holder of claim 8, wherein the upper seat connector is releasably connected to the lower seat connector by means of an interference fit (Fig. 1 & 7).
Regarding Claim 17 Wang shows the toilet cleaning utensil set holder (100) of claim 1, wherein the first cleaning utensil is a toilet brush; and the second cleaning utensil is a toilet plunger (Figs. 1-7).
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.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US Pub. 2009/0211926).
Regarding Claim 12 Wang shows the toilet cleaning utensil set holder of claim 7, wherein the upper seat connector comprises two In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang to include the desired shape for the seat connectors that provides a secure connection between the upper seat and the lower seat.
Further, it is a design choice to provide both connectors from the spherical lower surface. Wang shows a connector provided from an upper surface (wall). Providing the connector at a higher point on the device is merely a rearrangement of parts that lends predictable results in providing a secure connection between the upper and lower seats. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place the connectors at appropriate places for a secure connection as desires.
Regarding Claim 13 Wang shows the toilet cleaning utensil set holder (100) of claim 12, wherein the lower seat connector (142) comprises two show the seat connectors are cylindrical. However, providing cylindrical connecters is a design consideration within the level of ordinary skill in the art. The shape is not considered critical as other shapes lend predictable results and effectively connect the upper seat and the lower seat and it would be obvious to provide a matching shape to the upper seat connectors. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang to include the desired shape for the lower seat connectors that provides a secure connection between the upper seat and the lower seat.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US Pub. 2009/0211926) in view of Buckley et al. (US Pub. 2022/0307250) in view of Gill (US Pub. 2013/0192011).
Regarding Claim 14 Wang shows the toilet cleaning utensil set holder of claim 1, wherein the first cleaning utensil has a first head (at B; Fig. 7), a first rod portion (middle portion) and a first handle (top portion), but fails to show wherein the first head, the first rod portion and the first handle are releasably connected to each other in sequence. However, Buckley shows a similar device with discreet sections such as a first head (506) a first rod portion (510a; Fig. 5B), and a first handle (510b; Fig. 5b). Turning now to Gill. Gill shows a first handle (35) that is releasably connected to a first rod portion (32) and a first head portion (12). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang to include a first cleaning utensil with a first head, a first rod portion and a first handle portion that are releasably connected to each other in sequence as shown by Buckley and Gill for the purpose of more compact packaging for shipping.
Wang shows the second cleaning utensil has a second head (at B; Fig. 7), a second rod portion (middle portion of A) and a second handle (top portion of A), but fails to show wherein the second head, the second rod portion and the second handle are releasably connected to each other in sequence.
However, Buckley shows a similar device with discreet sections such as a second head (506) a second rod portion (510a; Fig. 5B), and a second handle (510b; Fig. 5b). Turning now to Gill. Gill shows a handle (35) that is releasably connected to a rod portion (32) and a head portion (12). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang to include a first cleaning utensil with a first head, a first rod portion and a first handle portion that are releasably connected to each other in sequence as shown by Buckley and Gill for the purpose of more compact packaging for shipping.
Regarding Claim 15 Wang shows the toilet cleaning utensil set holder (100) of claim 14, but fails to show wherein the second cleaning utensil further has an extension rod disposed between the second rod portion and the second handle. However, providing an extension rod disposed between the second rod portion and the second handle is a design consideration within the level of ordinary skill in the art and a mere duplication of parts. Providing and additional rod extension is not considered critical and lends predictable results of adding length to the utensil extension rod and handle. In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (MPEP § 2144.04 VI (B)). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wang to include the portions of extension required for the desired length of the utensil extension.
Allowable Subject Matter
Claims 4, 10, 11, 16, 18 and 22 are 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.
Response to Arguments
Applicant's arguments filed 6/29/26 have been fully considered but they are not persuasive. Applicants arguments with regard to the 102 rejection by Johnson is moot.
Applicant has argued that Wang does not show a connecting structure but then shows a picture of Johnson and argues with regard to the structure shown by Johnson. However Johnson was not used to reject the claim limitation of claim 2.
Wang, however, clearly shows the limitations of claim 2 as detailed above in the rejection of record. Applicant argues that Wang fails to show the second cleaning utensil holding space for accommodating a second cleaning utensil is between the upper seat and the lower seat. However, the holding space as detailed in Fig. 6 by the outline of the second cleaning utensil (plunger) is clearly between (see Fig. 6 and configuration on the page) the upper seat (at 2) and the lower seat (at 5)(see Fig. 6). Therefore the rejection of record shows the claim language in full and the rejection has been maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Butts et al. (US Pub. 2016/0000281) shows a upper seat and lower seat toilet utensil set; Michelson et al. (US D525, 467) shows the general state of the art.
Applicant's amendment necessitated the new ground() of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached on Monday thru Thursday, 9:30 AM to 6PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID ANGWIN can be reached on 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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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 7/9/2026
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