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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “fine point bristles” (claim 4) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 2, 6 and 18 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 phrase “the soap bar” (claim 2, line 2) lacks sufficient antecedent basis.
The phrase “the dome” (claim 6, line 2) lacks sufficient antecedent basis.
The phrase “the wall” (claim 18, line 1) lacks sufficient antecedent basis.
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, 3-8 and 10-20 is/are rejected as best understood under 35 U.S.C. 102(a)(1) as being anticipated by Share (2,288,850). With respect to claim 1, Share discloses a brush comprising: a brush head configured for holding a soap (6) comprising: a soap holder (4)(20)(21)(23)(17) shaped to at least fit and releasably fix the soap (6); a brush platform (1) with bristles (2), the brush flatform (1) at least partially surrounding the soap holder (4)(20)(21)(23)(17) such that the bristles extend to at least a surface of the soap; and wherein the soap is shaped to at least fit and releasably fix to the soap holder.
With respect to claim 3, the brush platform (1) further comprises a baton attachment (24) configured for releasably fixing a baton (unillustrated, disclosed on page 2, line 71 as a “handle”).
With respect to claim 4, the brush platform (1) comprises a section having fine point bristles (i.e. the section that comes to a gradual point situated at the left in Figure 1) extending at least partially axially with bristles and the brush platform is shaped such that the bristles vary in distance to the soap holder (some are positioned far from the soap holder while some are positioned close to the soap holder).
With respect to claim 5, the soap holder (4)(20)(21)(23)(17) comprising at least one soap tray retainer (4) configured to releasably fix to the soap bar (6), the at least one soap tray retainer (4) extending from the soap holder (4)(20)(21)(23)(17).
With respect to claim 6, the brush platform comprises at least one access point (unlabeled) formed at the opening to pocket (23) which constitutes a dome in the broadest sense, configured for removing the soap from the holder (i.e. a user can pry the soap (6) from the suction cup portion (4) by wedging a tool or finger below the end of the soap).
With respect to claim 7, the brush platform (1) at least partially surrounds the soap holder (4)(20)(21)(23)(17) and is integrated to the soap holder.
With respect to claim 8, Share discloses a brush head configured for holding a soap (6), the brush head comprising: a soap holder (4) shaped to at least fit and releasably fix to the soap (6), the soap holder (4) having an aperture (unlabeled) for receiving element (20); a brush platform (1) with bristles (2), the brush platform (1) at least partially surrounding the soap holder (4) such that the bristles extend to at least a surface of the soap; a handle (20)(21)(17)(13)(9)(25) extending from the soap holder (4) such that the handle ergonomically aids in applying the soap to a cleaning surface, the handle having a pin (20)(21) and an arm (17) connected to the pin (20)(21), the pin (20)(21) extending through the aperture such that the arm at least partially lines a surface (i.e. the inner surface of the aperture) of the soap holder; wherein the soap (6) is shaped to at least fit and releasably fix to the soap holder.
With respect to claim 10, the brush platform (1) further comprises a baton attachment (24) configured for releasably fixing a baton handle (see page 2, line 71 specification).
With respect to claim 11, the brush platform (1) comprises a section having fine point bristles (i.e. the section that comes to a gradual point situated at the left in Figure 1) extending at least partially axially with bristles.
With respect to claim 12, the brush platform is shaped such that the bristles vary in distance to the soap holder (some are positioned far from the soap holder while some are positioned close to the soap holder).
With respect to claim 13, the brush platform comprises at least one access point (unlabeled) formed at the opening to pocket (23), configured for removing the soap from the holder (i.e. a user can pry the soap (6) from the suction cup portion (4) by wedging a tool or finger below the end of the soap).
With respect to claim 14, the brush platform (1) at least partially surrounds the soap holder (4) and is integrated to the soap holder.
With respect to claim 15, Share discloses a brush comprising: a brush head configured for holding a soap (6), the brush head comprising: a soap holder (4) shaped to at least fit and releasably fix the soap (6), the soap holder comprising at least one access point formed by an peripheral edge of the holder (4) which can be pried away to release suction of the holder (4)(21)(20)(17) on the soap (6); a brush platform (1) having a wall (unlabeled), forming pocket (23), at least partially encompassing the soap holder (4)(21)(20)(17), the brush platform (1) at least partially surrounding the soap holder (4) having bristles (2) such that the bristles (2) extend to at least a surface of the soap, the brush platform having at least one baton attachment (24) configured for releasably fixing an extend baton; at a handle (25), the handle having an inter4nal shaft (13) connected to the soap holder (4)(21)(20)(17), the handle extending from the soap holder such that the handle ergonomically aids in applying the soap to a cleaning surface (by rotation of handle (25)); wherein the soap s configured to correspond with the soap holder shape (4)(21)(20)(17) to at least fit and releasably fix to the soap holder.
With respect to claim 16, the brush platform (1) further comprises a releasably fixed baton (unillustrated), but disclosed in page 2, line 71)) configured to attach at the baton attachment (24).
With respect to claim 17, the brush platform (1) comprises a section having fine point bristles (i.e. the section that comes to a gradual point situated at the left in Figure 1) extending at least partially radially with bristles and the rush platform is shaped such that the bristles vary in distance to the soap holder (some are positioned far from the soap holder while some are positioned close to the soap holder).
With respect to claim 18, a track formed by cylindrical member (9) extends pas a lower wall of the platform (1) and an arm (17) of the soap holder extend through the track formed as a threaded bore within member (9).
With respect to claim 19, the shaft is mated with an internally threaded surface of collar (9) which forms part of the handle and the soap holder is rotatably fixed to the shaft via (20(21) such that when the handle is rotated the shaft and soap holder extend away from the handle (see Figure 3).
With respect to claim 20, the soap holder comprises a head (4) configured for fixing to the soap.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Share (2,288,850) in view of Iffinger (5,857,792). Share discloses all claim limitations required of claim 2 with the exception of at least one attachment prong extending axially with the bristles from a dome.
Share discloses a dome (4) in the form of a suction cup. Iffinger teaches two different embodiments of prongs (38a-38c) and (60) for extending from a surface (36) to secure a bar of soap (32) to the surface.
It would have been obvious to a PHOSITA at the time the application was filed to add prongs as taught by Iffinger to the interior surface of the cup (4) disclosed by Share, since such a modification would help further insure the stability of the soap (6) within the system.
Allowable Subject Matter
Claim 9 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Roberts (US2025/0064200); Eaves (US2023/0025768); Starek (4,621,934); Gottfried (2,760,218); Bernier (2,739,328); Hartwell (2,471,210); Ombrello (2,152,272) and Strang (1,297,272); Reilly (WO 2025/158151) and Menkaura (GB 2570024A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B. MCPARTLIN whose telephone number is (571)272-6854. The examiner can normally be reached M-F 8 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eileen Lillis can be reached at 571-272-6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B MCPARTLIN/Primary Examiner, Art Unit 3993
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