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
Claims 10 and 11 are objected to because of the following informalities:
Applicant is advised to recite the method steps using the present participle form, i.e., “lifting”, “filling”, “inserting”, and so on.
It is also noted that the use of “its” and “it” throughout claims 10 and 11 is informal and should be avoided.
In claim 10, line 14, insert --the-- before “plunger”.
In claim 10, line 18, insert --the-- before “interior”.
In claim 11, line 8, insert --the-- before “center”.
Appropriate correction is required.
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 – 11 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.
Regarding claim 1:
In section e., there is a lack of antecedent basis for “the bottom of the interior bucket” and “the base of the plunger bell.”
In section f., applicant recites “a plurality of brushes”. It is not clear if this is a different plurality of brushes than those previously recited in section d. It is unclear how many brushes are being claimed.
Further to section f., there is a lack of antecedent basis for “the profile of the plunger.” The plunger does not have only one profile.
In section i.:
“a foot pedal” is a double inclusion of the foot pedal set forth in section h. It is unclear if there are a plurality of foot pedals. It is unclear if applicant intends to refer to the same, previously recited foot pedal.
There is a lack of antecedent basis for “the one or more gear sets.” Applicant recites “at least one gear set” in section h. and it will be assumed that applicant intends to refer to “the at least one gear set.”
Regarding claim 6, there is a lack of antecedent basis for “the surface.” It is not clear to which surface applicant intends to refer. It appears as if this should refer to an interior surface of the exterior bucket, but clarification on the record is required.
Regarding claim 8, “substantially” is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 9, applicant recites “the full inner surface of the plunger bell, and a flexible collapsible middle wall.”
There is a lack of antecedent basis for “the full inner surface.”
It is unclear how applicant is attempting to differentiate the flexible collapsible middle wall from the “full inner surface” and how those two elements are structurally distinct. In other words, the “full inner surface” appears to also include the collapsible middle wall (see figs. 5 and 6). If applicant is attempting to further define the plunger, it is advised that applicant recite –wherein the plunger further includes a flexible, collapsible middle wall … and wherein the central brush comprises bristles contoured to contact a full inner surface of the plunger wall and the flexible, collapsible middle wall --(or the like). Clarification by amendment is required.
Regarding claim 10:
In line 5, there is a lack of antecedent basis for “the side brushes.” Claim 1, on which this claim depends, sets forth “one or more side brushes,” but does not specify plural brushes.
In line 7, there is a lack of antecedent basis for “the slider.”
In line 8, there is a lack of antecedent basis for “the center.”
Regarding claim 11, the method step “put on rubber or otherwise protective gloves” is indefinite.
“Put on rubber” is indefinite since it is uncomplete. Who is putting on the gloves? Where is the glove being put on? Applicant is advised to recite that --a user puts on rubber gloves-- or the like to correct the defect.
“otherwise protective” is indefinite since it is not clear what materials or structures are encompassed by “otherwise.” See MPEP 2173.05(d).
The remaining claims are indefinite insofar as they depend from rejected base claims.
Allowable Subject Matter
Claims 1 - 11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: none of the most pertinent prior art, taken alone or in combination, teaches or fairly suggests a plunging apparatus as claimed, including a plunger having a handle and a bell, an exterior bucket, a removable interior bucket, a plunger bearing on the inside of the interior bucket that spins freely, a plurality of brushes, including side brushes and a central brush, a thrust bearing mechanism positioned on the bottom of the exterior bucket that the interior bucket rests upon, and a gear set connecting a foot pedal to the thrust bearing mechanism.
In turning to the prior art:
Borger et al (US 5,836,322) shows a plunger storage and cleaning apparatus having a plunger bearing (35) and a bucket (22), but does not show that the bearing spins, and does not show the brushes as claimed.
Johnson (US 2019/0125910) shows a plunger storage and cleaning mechanism having a bucket (fig. 4) with a plunger bearing and cleaning brush which is a central brush, and a lid (fig. 3), but does not show the details of an exterior bucket, an interior bucket, or the thrust bearing mechanism, gear set, and foot pedal.
Whitlock (US 10,786,125), Levitt (US 2018/0290178), Janschuk (EP 0897688), Ahrens (DE 19804064), Davidson (US 2009/0260998), and Wilshire (US 9,464,424) show brush and plunger cleaners of interest to the instant invention and representative of the state of the art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN L DEERY whose telephone number is (571)270-1928. The examiner can normally be reached Mon - Thur, 7:30am - 4:30pm; Fri 8:00am-12:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (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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/ERIN DEERY/Primary Examiner, Art Unit 3754
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