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 Objections
Claim 3 is objected to because of the phrase “can engage” because the recitation that an element is “can” perform a function is not a positive limitation but only requires the ability or capability to so perform. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2009/0211994 to Yang et al.
Regarding claim 1, Yang ‘994 discloses an in-sink caddy, comprising: a main body 12 with a base 16 and a plurality of upright walls 13; a slide-out tray with a base 18, configurable to a stowed position beneath the main body 12 and expanded positions extending horizontally outwardly from the main body 12, wherein in the expanded position the slide-out tray is configured to function as an auxiliary area suitable for drying kitchen tools; and a slide track system 22/23/25 facilitating the selective movement of the slide-out tray (para 0031; Figs. 10-12).
Claim(s) 1, 2, 5-6, 8, 10-11 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US D490,198 to Jerstroem et al.
Regarding claim 1, Jerstroem ‘198 discloses an in-sink caddy, comprising: a main body with a base and a plurality of upright walls; a slide-out tray with a base, configurable to a stowed position beneath the main body (Figs. -10) and expanded positions (Figs. 1-4) extending horizontally outwardly from the main body, wherein in the expanded position the slide-out tray is configured to function as an auxiliary area suitable for drying kitchen tools; and a slide track system facilitating the selective movement of the slide-out tray. See below annotations.
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Regarding claim 2, Jerstroem ‘198 discloses, wherein the slide track system further comprises at least one slide track aperture on the main body's base and at least one latch on the slide-out tray. The examiner equates the latch as the portion of the sidewall that is accepted into the aperture formed by the track.
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Regarding claim 5, Jerstroem ‘198 discloses wherein the main body has a recessed section on the lower portion of its front face and its front corners.
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Regarding claim 6, Jerstroem ‘198 discloses wherein the recessed section is configured to correspond to the shape of the slide-out tray, such that the main body and the slide-out tray present a substantially co-planar outer surface when the caddy is in the stowed position.
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Regarding claim 8, Jerstroem ‘198 discloses wherein the slide-out tray further comprises a front face extending vertically from its front edge, the height of which does not exceed the height of the recessed section at the lower portion of the main body's front face.
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Regarding claim 10, Jerstroem ‘198 discloses, wherein the main body forms therethrough a plurality of wall perforations for air circulation and water drainage (see above annotations).
Regarding claim 11, Jerstroem ‘198 discloses, wherein the plurality of wall perforations are arranged in parallel lines (see above annotations).
Regarding claim 16, Jerstroem ‘198 discloses, wherein the base of the main body further forms therethrough a plurality of drainage perforations (see above annotations).
Regarding claim 17, Jerstroem ‘198 discloses, wherein the base of the slide-out tray forms therethrough a plurality of drainage perforations arranged linearly in staggered rows (see above annotations).
Regarding claim 18, Jerstroem ‘198 discloses, wherein the plurality of drainage perforations formed therethrough the base of the slide-out tray align with the plurality of drainage perforations formed therethrough the base of the body when the caddy is in the stowed position (see above annotations).
Regarding claim 19, Jerstroem ‘198 discloses, wherein the main body is sized to accommodate a variety of cleaning tools, including sponges and scrubbers (see above annotations).
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) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0211994 to Yang et al. in view of US 10,039,420 to Housley.
Regarding claim 12, Yang ‘994 discloses a main body with an open space at the back wall, but is silent as to further comprising a detachable docking pad, the docking pad including at least one hook mechanism for engaging with an open space on the main body's back wall.
However, Housley ‘420 discloses a detachable docking pad 14, the docking pad 14 including at least one hook mechanism 50 for engaging with an open space 54 on the main body's back wall (Fig. 2; col. 4, lines 3-18).
It would have been obvious to one of ordinary skill in the art before the time the invention was made to modify the back wall taught in Yang ‘994 in view of the docking pad taught in Housley ‘420 in order to dock the caddy relative to a wall of the sink.
Regarding claim 13, Yang ‘994, as modified, where Housley ‘420 discloses, wherein the docking pad 14 is larger than the open space 54 on the main body's back wall (fig. 2).
Regarding claim 14, Yang ‘994, as modified, where Housley ‘420 discloses, wherein the docking pad 14 further comprises an adhesive backing for attachment of the docking pad 14 to the wall of a sink (col. 3, lines 60-63 – “ … base member 14 may be otherwise connected to sink 16, such as, for example, via an adhesive”).
Regarding claim 15, Yang ‘994, as modified, where Housley ‘420 discloses, wherein the adhesive backing on the docking pad 14 is repositionable, allowing for the docking pad 14 to be detached and reattached to the sink wall multiple times (col. 3, lines 60-63).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US D490,198 to Jerstroem et al..
Regarding claim 20, Jerstroem ‘198 discloses the main body and the slide-out tray, but is silent as to wherein the main body and the slide-out tray comprise one or more materials comprising antimicrobial properties.
It would have been obvious to one having ordinary skill in the art before the time the invention was made to use materials having antimicrobial properties for a device used in supporting wet dishes and tools, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Allowable Subject Matter
Claims 3-4, 7 and 9 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.
The following is a statement of reasons for the indication of allowable subject matter: note the post and central support engagement; note the ridges; and note the top contours and semi-cylindrical support structures.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and will be used in subsequent office action rejections, as applicable.
The list of supports is as follows: US-20250327360-A1 OR US-20140352054-A1 OR US-20100148896-A1 OR US-20250352025-A1 OR US-20080251472-A1 OR US-20220287512-A1 OR US-20160088933-A1 OR US-20150305594-A1 OR US-20100059460-A1 OR US-9051959-B2 OR US-8763818-B1 OR US-10039420-B2 OR US-5590804-A OR US-8684192-B1 OR US-12458183-B1 OR US-7438271-B1 OR US-8152005-B2 OR US-8296876-B2 OR US-11224290-B1 OR US-8973763-B2 OR US-11849902-B2 OR US-6179134-B1 OR US-0981448-A.
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.
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, 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
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