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 1-4 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.
Claim 1 recites “an egg-shaped container”. It is unclear what would constitute a container which is “egg-shaped”. As discussed in Stoddard (Avian egg shape), last page, “there is considerable variation in the degree to which they are
symmetrical, round, or bottom-heavy”, see also Fig 1, for the considerable variations in shape. It is unclear to what extent a shape would be egg-shaped or non-egg shaped. It is additionally noted that the disclosed and recited “egg-shaped” contained has a “flat bottom surface” which is uncharacteristic of any typical “egg shape”.
Dependent claims 2-4 are rejected for depending from an indefinite claim.
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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knopow (US 20070180640 A1), in view of Waring (US 20050045640 A1).
Regarding claim 1, Knopow teaches an anti-tipping multi-angle duster kit, comprising
a multi-angle duster stick (Fig 17, 520, see also Figs 18-20 ), which is constituted by an outer casing (Fig 19, portion 534/582 and 224) and a main stick body (Fig 19, 530 and 224), wherein an interior side below the outer casing is provided with a guide slot (Fig 20, in this view, the bottom of 534 is recessed/a guide slot), an end of the outer casing is provided with a fixation slot (Fig 20, notches 585), the outer casing is provided with plural pores (Fig 19, pores on outer casing which correspond with the pore 538 on 530), the main stick body is provided with a stick part (Fig 19, 530) and a holding part (Fig 19, 224) and is embedded in the guide slot of the outer casing through the stick part (Fig 20, Para 0141, Fig 17, 18 assembled), and the stick part is provided with plural dents (Fig 19, 536);
a dust rag (Fig 17, 510/528), which is provided with a bag (Fig 17, 510), allowing the outer casing of the multi-angle duster stick to be put in the bag (see Fig 17).
Knopow is silent on the egg-shaped contained and its particulars.
Waring teaches an egg-shaped container (Fig 1, carrier 10), which is used to put the multi-angle duster stick (Fig 1A-1B, Para 0004-0005, holds cleaning supplies, capable of holding the duster stick), with an upper side of the egg-shaped container being provided with an opening (Fig 1, Fig 8, opening 35), and a lower bottom of the egg-shaped container being provided with a flat bottom surface (Fig 1, 1A, flat bottom of 12, as seen; note the egg-shaped cross sections, Para 0080).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Knopow by having additionally having the cleaning supply storage as disclosed by Waring because “it would be desirable to provide a single device for transporting and storing cleaning chemical products and other cleaning supplies” (Para 0005).
Regarding claim 2, Knopow teaches wherein a concave slot is disposed correspondingly below every pore of the outer casing (Fig 19, concave slot 532, see Para 0141).
Regarding claim 3, Knopow teaches wherein two opposite exterior sides of the outer casing are extended with plural bumps (Fig 18, bumps on 563).
Regarding claim 4, Knopow teaches wherein the stick part and the holding part of the main stick body are connected through a connection part (at least indirectly connected via outer casing at part 525), such that when the stick part of the main stick body is embedded in the guide slot of the outer casing (Fig 20, Para 0141, Fig 17, 18 assembled), the connection part is subsequently embedded in the fixation slot of the outer casing in the mean time (Fig 20, connected/embedded at fixation slot 585, see Para 0135-0136).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE N YAO whose telephone number is (571)272-8745. The examiner can normally be reached typically 8am-4pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TARA SCHIMPF can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THEODORE N YAO/Primary Examiner, Art Unit 3676
Prosecution Insights