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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,799,073 to Ryan in view of US 6,601,699 to Naredo.
Regarding claim 1, Ryan ‘073 discloses a hygiene implement holder 52 for placing near a sink comprising: an arm 64 extending over a sink basin, the arm 64 having an opening 30 configured to receive a hygiene implement 60, wherein the hygiene implement 60 traverses the opening 30 so that a work end of the hygiene implement extends below the arm 64 and a handle of the hygiene implement extends above the arm 64, whereby the arm 64 holds the hygiene implement vertically (col. 3, lines 8-24 – figs. 1, 8 & 9ab - col. 2, line 55 – noting the arm 64 is connected to folding portion 22 which may be deployed and collapsed relative to a sink and thus could extend over a basin if so desired).
Naredo ‘699 teaches an implement holder 5 including an opening having a top cover 11 (col. 2, lines 13-15). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the holder opening of Ryan ‘073 with the opening cover as taught in Naredo ‘699 in order to protect the interior of the holder and the implement.
Regarding claim 2, Ryan ‘073, as modified, discloses, further comprising a flange 56 to retain the hygiene implement 60 within the opening 30 (fig. 9ab – col. 3, lines 8-24).
Regarding claim 3, Ryan ‘073, as modified, discloses, further comprising a protective shield 62 configured to substantially surround the work end of the hygiene implement 60 (fig. 9ab – col. 3, lines 8-24).
Regarding claim 4, Ryan ‘073, as modified, where Naredo ‘699 discloses the top cover 11 further comprises at least one living hinge 13 (fig. 1 & 3 – col. 2, line 13).
Regarding claim 5, Ryan ‘073, as modified, discloses, wherein the holder 52 further comprises a wall 62 (portion 62 has a wall that could extend into the basin in the collapsed position depending on the configuration of the basin and the adjustment done by a user) extending into the sink basin.
Regarding claim 6, Ryan ‘073, as modified, discloses, wherein the wall 62 partially encloses an area below the arm and surrounds three sides of the work end 60 (fig. 9b).
Regarding claim 7, Ryan ‘073, as modified, discloses, wherein the wall 62 surrounds an area around and below the arm 64 (fig. 9b).
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) 8, 9 and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 10,799,073 to Ryan.
Regarding claim 8, Ryan ‘073 discloses a hygiene implement holder 52 comprising: an arm 64 attachable to a ledge surrounding a sink basin, the arm 64 projecting horizontally over the sink basin and having an opening 30 with a flange 56 configured to vertically receive a hygiene implement 60 such that a work end of the hygiene implement extends below the arm 64 and a handle of the hygiene implement extends above the arm 64 (figs 9ab – col. 3, lines 8-24), a wall 62 extending from the arm 64 toward the sink basin and around the hygiene implement 60, wherein the hygiene implement holder 52 is arranged to allow the hygiene implement 60 to drain over the sink basin (col. 3, lines 8-24 - figs 9ab & figs 1 and 8 - col. 2, line 55 – noting the arm 64 is connected to folding portion 22 which may be deployed and collapsed relative to a sink basin and is attachable to the basin based on user preference and basin configuration).
Regarding claim 9, Ryan ‘073 discloses, wherein the hygiene implement 60 rests with the handle portion at a height above a work end (fig. 9b).
Regarding claim 12, Ryan ‘073 discloses a hygiene implement holder 52 comprising: a base member 22 configured to cooperate with a sink ledge, an arm 54 projecting from the base member 22 over a sink basin, the arm 54 having an opening30 for receiving at least one hygiene implement 60, a wall 62 extending down from the arm 64 into the sink basin and substantially surrounding a work end of the at least one hygiene implement 60, wherein the at least one hygiene implement 60 hangs vertically with a handle portion at a height above the work end (figs 9ab – col. 3, lines 8-24 - noting the arm 64 is connected to folding portion 22 which may be deployed and collapsed relative to a basin based on user preference and basin configuration).
Regarding claim 13, Ryan ‘073 discloses, wherein the at least one hygiene implement 60 rests in a position with the work end draining over the sink basin. Noting the device may be adjusted based on user preference and basin configuration/size/orientation.
Regarding claim 14, Ryan ‘073 discloses, wherein the at least one hygiene implement is an electric toothbrush head (col. 3, lines 54-56 – “… may include, for example, combs, toothbrushes, toothpaste, soap, face cream, razors, hair brushes and the like.” – which would read on electric toothbrush head)
Regarding claim 15, Ryan ‘073 discloses, wherein the position of the at least one hygiene implement 60 is retained by at least one flange 56 (fig. 9b).
Claim Rejections - 35 USC § 103
Claim(s) 10-11 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,799,073 to Ryan in view of US 6,601,699 to Naredo.
Regarding claim 10, Ryan ‘073 discloses a hygiene implement holder 52.
Naredo ‘699 teaches an implement holder 5 including an opening having a top cover 11 (col. 2, lines 13-15). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the holder opening of Ryan ‘073 with the opening cover as taught in Naredo ‘699 in order to protect the interior of the holder and the implement.
Regarding claim 11, Ryan ‘073, as modified discloses, wherein the cover (11 – as modified by Naredo ‘699) is located on a portion of the arm 64 that extends horizontally over the sink basin. Noting that the arm 64 is attached to adjustable portion 22 that is deployed (fig. 1) and collapsed (fig. 8) relative to a basin based on user preference and the configuration/size/orientation of the basin – in that the arm 64 may extend horizontally over the basin.
Regarding claim 16, Ryan ‘073 discloses a hygiene implement holder 52.
Naredo ‘699 teaches an implement holder 5 including an opening having a top cover 11 (col. 2, lines 13-15). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the holder opening of Ryan ‘073 with the opening cover as taught in Naredo ‘699 in order to protect the interior of the holder and the implement.
Regarding claim 17, Ryan ‘073, as modified, where Naredo ‘699 discloses the top cover 11 further comprises at least one living hinge 13 (fig. 1 & 3 – col. 2, line 13).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,799,073 to Ryan.
Regarding claim 18, Ryan ‘073 teaches an arm 64 having an opening 30 for receiving an implement 60. Ryan ‘073 also teaches having a plurality of containers 28 where holder 52 is one of the containers that supports the implement 60. Ryan ‘073 further teaches that each of the containers 28 has an open top end 30 and may include at least three containers of various sizes and shapes that may hold a variety of different items that may be attached together as a group or individually attached to the first arm 22 for angular adjustment relative to the basin (col. 2, line 62 to col. 3, line 6).
Since the containers, such as container 52, may be attached together as a group, it would be an obvious modification to include the holder 52 having the arm 64 having a first opening 30 configured to receive a first hygiene implement 60 grouped with a second opening 30 configured to receive a second hygiene implement 60, the wall 62 including a divider between the first opening 30 and the second opening 30 since the containers can be grouped together.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to group multiple implement holders 52 together, so that you have multiple openings for supporting multiple implements 60 so that the device can store a family’s toothbrushes or the like adjustably together and relative to the sink basin.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,799,073 to Ryan in view of US 6,601,699 to Naredo.
Regarding claim 19, Ryan ‘073, as modified above, discloses a holder 52 having the arm 64 having a first opening 30 configured to receive a first hygiene implement 60 grouped with a second arm opening 30 configured to receive a second hygiene implement 60, the wall 62 including a divider between the first opening 30 and the second opening 30 since the containers can be grouped together.
Naredo ‘699 teaches an implement holder 5 including an opening having a top cover 11 (col. 2, lines 13-15). It would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the grouped holder openings of Ryan ‘073 each with the opening cover as taught in Naredo ‘699 in order to protect the interior of the holder and the implement.
Regarding claim 20, Ryan ‘073, as modified, where Naredo ‘699 discloses the top covers 11 further comprises at least one living hinge 13 (fig. 1 & 3 – col. 2, line 13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and would be used in subsequent office action rejections, if applicable.
The list of supports is as follows: US-3325847-A OR US-3124399-A OR US-2051847-A OR US-1864874-A OR US-2626199-A OR US-2673641-A OR US-2177504-A OR US-2797886-A OR US-3109619-A OR US-2419745-A OR US-2725270-A OR US-2947412-A OR US-9687116-B1 OR US-8517187-B1 OR US-11523712-B1 OR US-11470963-B2 OR US-9291301-B2 OR US-6991200-B2 OR US-4396238-A OR US-6027081-A OR US-4854457-A OR US-3977743-A OR US-4527760-A OR US-6622978-B1 OR US-4986759-A OR US-5678790-A OR US-5645252-A OR US-10058219-B2 OR US-6758446-B2 OR US-4369946-A OR US-D569150-S OR US-D379280-S OR US-D356227-S OR US-9204761-B2 OR US-7228976-B2 OR US-6371420-B1 OR US-5187829-A OR US-4275818-A OR US-10165901-B2 OR US-4585119-A OR US-2576560-A OR US-6457592-B1 OR US-20060011209-A1 OR US-20040238701-A1 OR US-20180084935-A1 OR US-20090283651-A1 OR US-20020121449-A1 OR US-6402104-B1 OR US-5297677-A OR US-5085386-A OR US-5083733-A OR US-4986759-A OR US-4854457-A OR JP-2001120355-A OR WO-2013029144-A1 OR JP-S62113728-U OR DE-19914641-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA E MILLNER/Primary Examiner, Art Unit 3632