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 .
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.
Claim Objections
Claim 11 is objected to because of the following informalities: The limitation “wherein the water pan comprises at least two and the housing comprises at least two corresponding apertures” is grammatically improper. Consider ––wherein the water pan comprises at least two apertures and the housing comprises at least two corresponding apertures––. Appropriate correction is required.
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.
Claims 1, 5, and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tomasiak (US 9572465) in view of Schoenewald et al. (US 6508867, "Schoenewald").
1. Tomasiak teaches a vacuum (10), comprising:
a housing comprising a canister (housing 18 may be round, see Tomasiak 2:50-59) with an internal volume (18 has an internal volume, see Tomasiak fig. 3a);
a water pan mount coupled to the housing (side walls 14) and configured to slidably receive a removable water pan configured to contain a volume of water (drum 16 slides into slots 22 in 14 and may contain liquid, see Tomasiak fig. 2 and 5:33-41), the removable water pan having at least one protrusion extending from a periphery of the removable water pan (rollers 21 extend outward from drum lip 59 of drum 16, see Tomasiak fig. 6), the protrusion configured to cooperate with at least one channel disposed on an interior surface of the water pan mount (rollers 21 cooperate with slots 29, see Tomasiak figs. 4a-4b and 8:59-9:36), and
at least one latch coupled to the housing (latches 24, see Tomasiak fig. 1 and 5:56-63), the at least one latch being operably positionable in an engaged position and in a disengaged position, wherein, in the engaged position, the at least one latch secures the removable water pan to the water pan mount (latches 24 secure 16 in 18, see Tomasiak fig. 1, 5:56-63, and 9:37-53).
Tomasiak teaches an alternate embodiment (see Tomasiak figs. 10a-10b) wherein substantially the entire housing (158) is operably rotatable around a fulcrum (162), relative to the water pan mount (154), to secure the water pan within the housing (see Tomasiak figs. 10a-10b and 12:17-13:15); and at least one latch coupled to the housing (latches 177, see Tomasiak fig. 10a), the at least one latch being operably positionable in an engaged position and in a disengaged position, wherein, in the engaged position, the at least one latch prevents rotation of the housing around the fulcrum and secure the removable water pan to the water pan mount (latches 177 keep elements in contact, see Tomasiak fig. 10a).
Although Tomasiak does not teach a single embodiment including both a water pan mount configured to slidably receive a removable water pan and a housing rotatable around a fulcrum relative to the water pan mount, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine these elements from the two embodiments of Tomasiak such that the combined invention included a water pan mount coupled to the housing and configured to slidably receive a removable water pan, the removable water pan having at least one protrusion extending from a periphery of the removable water pan, the protrusion configured to cooperate with at least one channel disposed on an interior surface of the water pan mount, wherein substantially the entire housing is operably rotatable around a fulcrum, relative to the water pan mount, to secure the water pan within the housing; and at least one latch coupled to the housing, the at least one latch being operably positionable in an engaged position and in a disengaged position, wherein, in the engaged position, the at least one latch prevents rotation of the housing around the fulcrum and secure the removable water pan to the water pan mount, as doing so represents the combination of known prior art elements and the results of such a combination would have been predictable to one of ordinary skill.
Tomasiak as modified further discloses that the housing and the water pan each comprise at least two apertures configured to operably align to define a path for airflow within the housing (airflow path passing through each of housing 18 and drum 16 demonstrates that each include at least one intake opening and at least one exhaust opening and that the openings are aligned to collectively defining a path for airflow within the housing, see Tomasiak fig. 3a) and wherein setting the water pan within the water pan mount is configured to align the at least two apertures disposed in each of the housing and the water pan once the at least one latch is operably positioned in the engaged position (airflow path is present only when housing and water pan are latched, see Tomasiak fig. 3a).
However, Tomasiak as modified does not teach that the airflow is configured to be directed into the volume of water contained by the removable water pan to filter the airflow from debris by the volume of water.
However, Schoenewald teaches a structure for a vacuum cleaner having a suction unit (3) arranged in a housing (2) above a water pan (dust collecting container 8, see Schoenewald fig. 1 and 5:50-6:4) configured to contain a volume of water (container 8 holds fluid 54, which is preferably water, see Schoenewald fig. 1 and 8:53-63), wherein the water pan comprises at least two apertures disposed on a top surface of the water pan (aperture at top of intake pipe 30 and opening 17, see Schoenewald figs. 1 and 4), one of the apertures being associated with a filter (18, Schoenewald 6:16-36), and the housing comprises at least two corresponding apertures disposed on a surface opposed from the water pan mount (openings at base of intake pipe 29 and intake connecting piece 4 are positioned on a lower surface opposing that of container 8, see Schoenewald fig. 1), wherein each aperture of the at least two apertures of the water pan are configured to operably align with each corresponding aperture of the at least two corresponding apertures of the housing on a same axis to define a path for airflow within the housing (upper and lower apertures are each axially aligned to define an air path starting at 29, passing through pipe 30, around water in bottom of tank 8, up through junction of 17 and 4, through the motor 3, and out via outlet 6, see Schoenewald fig. 1, 5:50-58, and 8:64-9:34), and wherein the airflow is configured to be directed into the volume of water contained by the removable water pan to filter the airflow from debris by the volume of water (Schoenewald 8:53-9:20).
It would have been obvious to one of ordinary skill in the art before the effective filing date to implement the teachings from Schoenewald regarding an alternate filtration mechanism in the device of Tomasiak as modified such that the airflow was configured to be directed into the volume of water contained by the removable water pan to filter the airflow from debris by the volume of water, as doing so would allow for improved collection of very fine dust particles (Schoenewald 1:12-25).
5. Tomasiak as modified teaches the vacuum of claim 1, wherein the housing comprises at least one aperture disposed on an exterior front of the housing, and configured for coupling to a vacuum hose (Schoenewald further teaches that suction connecting piece 29 is configured to attach to a suction hose and disposed on an exterior front of the upper portion of the housing containing the suction unit, see Schoenewald fig. 1 and 7:10-31).
7. Tomasiak as modified teaches the vacuum of claim 1, wherein the internal volume is further configured to contain additional vacuum components (internal volume of housing 18 holds additional vacuum components like motor M, see Tomasiak fig. 3a).
8. Tomasiak as modified teaches the vacuum of claim 1, Tomasiak further teaches the inclusion of a set of handles disposed on opposing sides of the water pan (handles 155, see Tomasiak fig. 10a and 12:38-41; note that although the figure only shows a single handle, the disclosure recites multiple handles and one of ordinary skill would understand the disclosure to be implicitly teaching handles on opposed sides of the water pan, see MPEP § 2144.01).
Tomasiak does not explicitly teach that the at least one protrusion comprises a set of handles disposed on opposing sides of the water pan. However, Tomasiak further taught that the protrusion may be a roller or a glide (slots 22 molded into panels cooperate with one or more supports on the drum 16, Tomasiak 8:21-37). It would have been obvious to one of ordinary skill in the art before the effective filing date to use the handles taught by the alternate embodiment of Tomasiak as supports on the drum such that the at least one protrusion was a set of handles disposed on opposing sides of the water pan, as doing so represents the combination of known prior art elements according to known methods, the results of such a combination would be predictable, Further, the inclusion of handles on the water pan would assist a user in lifting or holding the water pan.
9. Tomasiak as modified teaches the vacuum of claim 1, wherein the at least one latch is coupled to the water pan in the engaged position (latches 24 are coupled to water pan 16, see Tomasiak fig. 1).
10. Tomasiak as modified teaches the vacuum of claim 9, wherein the at least one latch is operably coupled to a catch disposed on a front of the water pan in the engaged position (latches 24 are coupled to a catch 25 that is disposed to rest on a front of 16, see Tomasiak fig. 1).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Tomasiak and Schoenewald as applied to claims 2 and 11 above, and further in view of at least one of Grassinger (DE 102005018288 A1), Fording et al. (US 10111562, "Fording"), and Peflof et al. (US 8826491, "Peflof").
Regarding claims 2 and 3, Tomasiak as modified teaches the vacuum of claim 1, further comprising a series of biasing members coupled to the housing and the water pan mount, wherein the series of biasing members are configured to exert a rotational force to the housing to rotate the housing about the fulcrum when the at least one latch is operably positioned in the disengaged position (swinging mechanism operates when latches 24 are disengaged and incorporates bars 60, which supply a moment in an uppermost position, and may further incorporate actuators as a reciprocating assist mechanism, see Tomasiak 12:17-13:2 and figs. 10a-10b).
Tomasiak as modified does not disclose that the series of biasing members comprise at least one spring, or, as recited in claim 3, that the at least one spring is selected from a group consisting of a gas spring, a torsion spring, and a tension spring operably couple to opposed bars.
However, Grassinger teaches the use of gas springs as biasing members to pivot a motor housing (gas springs used to balance a pivoted motor housing, see Grassinger Translation [0015]), Fording teaches the use of a torsion spring to pivot a portion including a motor housing (spring-loaded hinge 60 pivots a lid 12, see Fording fig. 11 and 12:40-55), and Peflof teaches the use of tension springs coupled to opposed bars to pivot a portion including a motor housing (tension spring 71 is coupled to bars 56 and 68 and assists a pivoting lifting motion for the inner portion of a cleaner, see Peflof 7:28-38 and figs. 3, 5, and 8-11). It would have been obvious to one of ordinary skill in the art before the effective filing date to implement the teachings from at least one of Grassinger, Fording, and Peflof regarding suitable biasing members in the device of Tomasiak as modified such that the series of biasing members comprised at least one spring selected from the group consisting of a gas springs, a torsion springs, and a tension spring operably coupled to opposed bars, as doing so represents the simple substitution of one sort of actuator for another, and the results of such a substitution would have been predictable to one of ordinary skill.
Claims 11-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tomasiak in view of Schoenewald and at least one of Grassinger, Fording, and Peflof.
11. Tomasiak teaches a vacuum (10), comprising:
a housing (18);
a water pan mount (side walls 14) contoured to slidably receive a removable water pan (drum 16 slides into slots in 14 and may contain liquid, see Tomasiak fig. 2 and 5:33-41), the removable water pan having at least one protrusion extending from a periphery of the removable water pan (rollers 21 extend outward from drum lip 59 of drum 16, see Tomasiak fig. 6), the protrusion configured to cooperate with at least one channel disposed on an interior surface of the water pan mount (rollers 21 cooperate with slots 29, see Tomasiak figs. 4a-4b and 8:59-9:36); and
at least one latch (24) disposed on the housing (when assembled, 24 is in contact with catch 25 of housing 18, see Tomasiak fig. 1), the at least one latch operably positionable in an engaged position and in a disengaged position, wherein, in the engaged position, the at least one latch secures the housing with respect to the water pan mount (latches 24 secure 16 to 18, see Tomasiak fig. 1, 5:56-63, and 9:37-53).
Tomasiak further teaches an alternate embodiment of a vacuum (150), comprising: a housing (power head assembly 158, see Tomasiak figs. 10a-10b)
a water pan mount rotatably coupled to the housing around a fulcrum (walls 154 are coupled to assembly 158 via bars 160 which are attached at a fulcrum 162, see Tomasiak figs. 101-10b),
at least two biasing members coupling the housing to the water pan mount, the at least two biasing members configured to exert a rotational force on the entire housing to rotate the housing about the fulcrum (swinging mechanism incorporates bars 60, which supply a moment when holding the housing in an uppermost position, and may further incorporate actuators as a reciprocating assist mechanism, see Tomasiak 12:17-13:2 and figs. 10a-10b), wherein the two biasing members define a maximum degree of rotation of the housing about the fulcrum (biasing members 60 define a maximum degree of rotation as they swing powerhead assembly 158 between opened and closed positions, see Tomasiak 12:17-13:2 and figs. 10a-10b); and
at least one latch (177), wherein, in the engaged position, the at least one latch prevents rotation of the housing with respect to the water pan mount (latch 177 secures the power head 158 to the drum 156, see Tomasiak 12:34-38 and fig. 10a),
Although Tomasiak does not teach a single embodiment including both a water pan mount configured to slidably receive a removable water pan and a housing rotatably coupled to the water pan mount around a fulcrum, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine these elements from the two embodiments of Tomasiak such that the combined invention included a water pan mount rotatably coupled to the housing around a fulcrum, the water pan mount contoured to slidably receive a removable water pan, the removable water pan having at least one protrusion extending from a periphery of the removable water pan, the protrusion configured to cooperate with at least one channel disposed on an interior surface of the water pan mount; at least two biasing members coupling the housing to the water pan mount, the at least two biasing members disposed on opposing sides of the vacuum and configured to apply rotational force to substantially the entire housing about the fulcrum, wherein the two biasing members define a maximum degree of rotation of the housing about the fulcrum; and at least one latch disposed on the housing, the at least one latch operably positionable in an engaged position and in a disengaged position, wherein, in the engaged position, the at least one latch prevents rotation of the housing with respect to the water pan mount., as doing so represents the combination of known prior art elements and the results of such a combination would have been predictable to one of ordinary skill.
Additionally, Tomasiak teaches latches wherein the latch mechanism (24) is part of the water pan and attaches to a catch (25) on the housing (24 and 25 are on 16 and 18, respectively, see Tomasiak fig. 1). Under the broadest reasonable interpretation of claim 11, the structure of Tomasiak teaches the claimed subject matter. However, examiner wishes to note that even if the claims were interpreted more narrowly, such that the latch mechanism was required to be separated from the water pan, the subject matter of claim 11 would still have been obvious to one of ordinary skill before the effective filing date, as it has been held that the mere reversal of parts is an obvious modification, see MPEP § 2144.04(VI)(A), citing In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Tomasiak as modified further discloses that the housing and the water pan each comprise at least two apertures configured to operably align to define a path for airflow within the housing (airflow path passing through each of housing 18 and drum 16 demonstrates that each include at least one intake opening and at least one exhaust opening and that the openings are aligned to collectively defining a path for airflow within the housing, see Tomasiak fig. 3a) and wherein setting the water pan within the water pan mount is configured to align the at least two apertures disposed in each of the housing and the water pan once the at least one latch is operably positioned in the engaged position (airflow path is present only when housing and water pan are latched, see Tomasiak fig. 3a).
However, Tomasiak as modified does not teach that the airflow is configured to be directed into the volume of water contained by the removable water pan to filter the airflow from debris by the volume of water.
However, Schoenewald teaches a structure for a vacuum cleaner having a suction unit (3) arranged in a housing (2) above a water pan (dust collecting container 8, see Schoenewald fig. 1 and 5:50-6:4) configured to contain a volume of water (container 8 holds fluid 54, which is preferably water, see Schoenewald fig. 1 and 8:53-63), wherein the water pan comprises at least two apertures disposed on a top surface of the water pan (aperture at top of intake pipe 30 and opening 17, see Schoenewald figs. 1 and 4), one of the apertures being associated with a filter (18, Schoenewald 6:16-36), and the housing comprises at least two corresponding apertures disposed on a surface opposed from the water pan mount (openings at base of intake pipe 29 and intake connecting piece 4 are positioned on a lower surface opposing that of container 8, see Schoenewald fig. 1), wherein each aperture of the at least two apertures of the water pan are configured to operably align with each corresponding aperture of the at least two corresponding apertures of the housing on a same axis to define a path for airflow within the housing (upper and lower apertures are each axially aligned to define an air path starting at 29, passing through pipe 30, around water in bottom of tank 8, up through junction of 17 and 4, through the motor 3, and out via outlet 6, see Schoenewald fig. 1, 5:50-58, and 8:64-9:34), and wherein the airflow is configured to be directed into the volume of water contained by the removable water pan to filter the airflow from debris by the volume of water (Schoenewald 8:53-9:20).
It would have been obvious to one of ordinary skill in the art before the effective filing date to implement the teachings from Schoenewald regarding an alternate filtration mechanism in the device of Tomasiak as modified such that the airflow was configured to be directed into the volume of water contained by the removable water pan to filter the airflow from debris by the volume of water, as doing so would allow for improved collection of very fine dust particles (Schoenewald 1:12-25).
Tomasiak as modified does not disclose that the series of biasing members comprise at least one spring.
However, Grassinger teaches the use of gas springs as biasing members to pivot a motor housing (gas springs used to balance a pivoted motor housing, see Grassinger Translation [0015]), Fording teaches the use of a torsion spring to pivot a portion including a motor housing (spring-loaded hinge 60 pivots a lid 12, see Fording fig. 11 and 12:40-55), and Peflof teaches the use of tension springs coupled to opposed bars to pivot a portion including a motor housing (tension spring 71 is coupled to bars 56 and 68 and assists a pivoting lifting motion for the inner portion of a cleaner, see Peflof 7:28-38 and figs. 3, 5, and 8-11). It would have been obvious to one of ordinary skill in the art before the effective filing date to implement the teachings from at least one of Grassinger, Fording, and Peflof regarding suitable biasing members in the device of Tomasiak as modified such that the series of biasing members comprised at least one spring selected from the group consisting of a gas springs, a torsion springs, and a tension spring operably coupled to opposed bars, as doing so represents the simple substitution of one sort of actuator for another, and the results of such a substitution would have been predictable to one of ordinary skill.
12. Tomasiak as modified teaches the vacuum of claim 11, wherein, in the disengaged position, the housing is rotatable around the fulcrum (housing 158 is rotatable around fulcrum 162, see Tomasiak figs. 10a-10b).
13. Tomasiak as modified teaches the vacuum of claim 11, wherein the at least one spring is selected from a group consisting of a gas spring (when modified by Grassinger), a torsion spring (when modified by Fording), and a tension spring operably coupled to opposed bars (when modified by Peflof).
14. Tomasiak as modified teaches the vacuum of claim 11, wherein the housing comprises a canister (housing 18 may be round, see Tomasiak 2:50-59) comprising an internal volume configured to contain vacuum components (18 has an internal volume containing additional vacuum components such as motor M, see Tomasiak fig. 3a).
15. Tomasiak as modified teaches the vacuum of claim 11, Tomasiak further teaches the inclusion of a set of handles disposed on opposing sides of the water pan (handles 155, see Tomasiak fig. 10a and 12:38-41; note that although the figure only shows a single handle, the disclosure recites multiple handles and one of ordinary skill would understand the disclosure to be implicitly teaching handles on opposed sides of the water pan, see MPEP § 2144.01).
Tomasiak does not explicitly teach that the at least one protrusion comprises a set of handles disposed on opposing sides of the water pan. However, Tomasiak further taught that the protrusion may be a roller or a glide (slots 22 molded into panels cooperate with one or more supports on the drum 16, Tomasiak 8:21-37). It would have been obvious to one of ordinary skill in the art before the effective filing date to use the handles taught by the alternate embodiment of Tomasiak as supports on the drum such that the at least one protrusion was a set of handles disposed on opposing sides of the water pan, as doing so represents the combination of known prior art elements according to known methods, the results of such a combination would be predictable, Further, the inclusion of handles on the water pan would assist a user in lifting or holding the water pan.
16. Tomasiak as modified teaches the vacuum of claim 11, wherein the at least one latch is operably coupled to the water pan in the engaged position (latches 24 are coupled to water pan 16, see Tomasiak fig. 1).
17. Tomasiak as modified teaches the vacuum of claim 11, wherein, in the engaged position, the at least one latch is coupled to the water pan mount (latch 24 is coupled to water pan mount 14 via canister 18, see Tomasiak fig. 1).
19. Tomasiak as modified teaches the vacuum of claim 11, wherein the housing comprises at least one aperture disposed on an exterior front of the housing, and configured for coupling to a vacuum hose (Schoenewald further teaches that suction connecting piece 29 is configured to attach to a suction hose and disposed on an exterior front of the upper portion of the housing containing the suction unit, see Schoenewald fig. 1 and 7:10-31).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5, 7-17, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fukuoka et al. (JP 2002209812) teaches several embodiments for a vacuum cleaner including a removable dust collecting tank and an upper portion tiltable using a spring mechanism.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN R ZAWORSKI whose telephone number is (571)272-7804. The examiner can normally be reached Monday-Thursday 8:00-5:00, Fridays 9:00-1:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at (571)-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.R.Z./ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723