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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“Filter element” in claims 1, 8, and 21-22, because (A) the term “element” is a generic placeholder, see above; (B) “retaining dust” designates a function performed by the element, and (C) no additional structure is specified, to support the claimed function of “retaining dust” – in effect the language is equivalent to a predetermined means for retaining dust. Examiner is interpreting “filter element” to be a plate filter or equivalent structure, based on the description of a filter element in at least page 10 line 13 of Applicant’s specification.
“Coupling means” in claims 19 and 20, because (A) it recites the term “means”, (B) “coupling” designates a function performed by the means, and (C) no additional structure is specified to support the claimed function of “coupling”. Examiner is interpreting “coupling means” to be rear gripping contours, a combination of at least one pivot bolt and at least one latching projection, or an equivalent structure based on the discussion of “coupling means” in at least page 6 lines 5-15 of Applicant’s specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” or a generic placeholder but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “closure element” in claim 1.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claims 8, 16, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Barabeisch (EP2829211), provided as a PDF in office action mailed 2/5/2025, in view of Forsyth et al. (US20130146593), hereinafter Forsyth.
Regarding claim 8, Barabeisch discloses a suction device with a suction device housing (Fig. 1 element 21), in which a suction turbine (Fig. 10 element 24) for generating a suction flow is arranged (0091), the suction turbine having a suction turbine inflow opening (Fig. 10 element 61) through which the suction flow can flow into the suction turbine (0094), and at least one suction turbine outflow opening through which the suction flow can flow out of the suction turbine (0094, where outflow opening corresponds to turbine outflow opening), the suction device housing having a suction inlet (Fig. 2 element 27) for letting in the suction flow (0091) and a dust collecting chamber (Fig. 10 element 25) for collecting dust contained in the suction flow (0091), wherein a filter element (Fig. 10 element 26) for retaining dust in the dust collecting chamber is arranged between the dust collecting chamber and a suction turbine inflow opening of the suction turbine (Fig. 10, 0091), and wherein a suction hose (Fig. 2 element 18) is connectable to the suction inlet (0113).
Barabeisch fails to disclose the suction device has a closure element with a closure body for closing the suction inlet, which closes the suction inlet in a closure position and is removed from the suction inlet in a release position, and wherein the suction device further comprises a supply receptacle for receiving the closure body, when the closure body reaches the release position, and wherein the closure element is movably mounted on the suction device housing for adjustment between the supply receptacle and the suction inlet by means of a bearing, wherein the closure element comprises an arm body extending along a longitudinal axis, the closure body extending from one end of the arm body transverse to the longitudinal axis, and a bearing projection of the bearing extending from an opposite end of the arm body transverse to the longitudinal axis, and wherein the arm body is flexible transversely to its longitudinal axis extending between the bearing and the closure body in such a way that it is deformable transversely to the longitudinal axis out of the supply receptacle or into the supply receptacle or out of the suction inlet and into the suction inlet, and wherein the closure element has a grip handle for actuating the closure body into the supply receptacle or out of the supply receptacle, and wherein the grip handle has mutually opposite side walls, which can be gripped in the manner of a clamping grip or a pincer grip, and wherein the grip handle has a longitudinal axis disposed at a substantially right angle with respect to the longitudinal axis of the arm body.
Forsyth is also concerned with solving the problem of selectively closing an opening and teaches a closure element (Fig. 2 element 18) with a closure body (Fig. 10 element 86) for closing the suction inlet (Fig. 11, 0044-0045, where the triangular shaped opening (72) corresponds to a suction inlet), which closes the suction inlet in a closure position (Fig. 11 element 96, 0045) and is removed from the suction inlet in a release position (Fig. 11 element 98, 0044 and 0046), and wherein the suction device further comprises a supply receptacle (Fig. 11 element 74) for receiving the closure body, when the closure body reaches the release position (0040, 0044, and 0046), and wherein the closure element is movably mounted on the suction device housing (Fig. 2 elements 12 and 16) for adjustment between the supply receptacle and the suction inlet by means of a bearing (Fig. 10 element 90, 0042 and 0046), and wherein the closure element comprises an arm body (all elements shown in Fig. 9 and Fig. 10 elements 78 and 85 correspond to an arm body) extending along a longitudinal axis (see annotated Fig. 10 below and annotated Fig. 11 below), a closure body (Fig. 10 element 86) extending from one end of the arm body transverse to the longitudinal axis (see annotated Fig. 10 below), and a bearing projection (Fig. 10 element 90) of the bearing extending from an opposite end of the arm body transverse to the longitudinal axis (see annotated Fig. 10 below), and wherein the arm body is flexible transversely to its longitudinal axis (see annotated Fig. 10 below) extending between the bearing and the closure body in such a way that it is deformable transversely to the longitudinal axis out of the supply receptacle or into the supply receptacle or out of the suction inlet and into the suction inlet (0039 and 0050-0051, where “lifting” and “upward movement” correspond to the arm body being flexible transversely to its longitudinal axis to go out of the supply receptacle and suction inlet and where “snap-fitted” corresponds to the arm body being flexible transversely to its longitudinal axis to go into the supply receptacle and the suction inlet), and wherein the closure element has a grip handle (Fig. 9 element 82) for actuating the closure body into the supply receptacle or out of the supply receptacle (0050), and wherein the grip handle has mutually opposite side walls, which can be gripped in the manner of a clamping grip or a pincer grip (Fig. 9, where the portions of elements 73 and 75 which correspond with the grip handle (82) corresponds to mutually opposite side walls which are capable of being gripped by a clamping or pincer grip), and wherein the grip handle has a longitudinal axis disposed at a substantially right angle with respect to the longitudinal axis of the arm body (see annotated Fig. 11 below, where the longitudinal axis of the grip body shown is at a substantially right angle with respect to the longitudinal axis of the arm body, particularly at the point where the two axes intersect). It 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 to modify the suction device of Barabeisch to include a closure element with a closure body for closing the suction inlet, which closes the suction inlet in a closure position and is removed from the suction inlet in a release position, and wherein the suction device further comprises a supply receptacle for receiving the closure body, when the closure body reaches the release position, and wherein the closure element is movably mounted on the suction device housing for adjustment between the supply receptacle and the suction inlet by means of a bearing, wherein the closure element comprises an arm body extending along a longitudinal axis, the closure body extending from one end of the arm body transverse to the longitudinal axis, and a bearing projection of the bearing extending from an opposite end of the arm body transverse to the longitudinal axis, and wherein the arm body is flexible transversely to its longitudinal axis extending between the bearing and the closure body in such a way that it is deformable transversely to the longitudinal axis out of the supply receptacle or into the supply receptacle or out of the suction inlet and into the suction inlet, and wherein the closure element has a grip handle for actuating the closure body into the supply receptacle or out of the supply receptacle, and wherein the grip handle has mutually opposite side walls, which can be gripped in the manner of a clamping grip or a pincer grip, and wherein the grip handle has a longitudinal axis disposed at a substantially right angle with respect to the longitudinal axis of the arm body, as taught by Forsyth, because Forsyth teaches that the closure element as described above allows for selectively opening/closing an opening (e.g. a suction inlet) to prevent the substances within the housing (e.g. a combination of a container and a lid) from escaping the housing (0041) and examiner finds that the supply receptacle provides a second connection between the closure element and the housing which provides additional protection from the closure element becoming snagged on an object and getting damaged or being removed from the housing. Examiner notes that Forsyth has been used to read on elements which are recited as “suction” elements such as “suction inlet” and “suction device housing”. Examiner finds that Forsyth reads on these elements without the “suction” recitation, and then once applied to Barabeisch, these elements would then be considered “suction” elements.
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Regarding claim 16, Barabeisch, as modified, discloses the limitations of claim 8, as described above, and further discloses a closure element receptacle (Forsyth, see annotated Fig. 2 below) for receiving the closure element (Forsyth, Fig. 1)
Regarding claim 22, Barabeisch discloses a suction device with a suction device housing (Fig. 1 element 21), in which a suction turbine (Fig. 10 element 24) for generating a suction flow is arranged (0091), the suction turbine having a suction turbine inflow opening (Fig. 10 element 61) through which the suction flow can flow into the suction turbine (0094), and at least one suction turbine outflow opening through which the suction flow can flow out of the suction turbine (0094, where outflow opening corresponds to turbine outflow opening), the suction device housing having a suction inlet (Fig. 2 element 27) for letting in the suction flow (0091) and a dust collecting chamber (Fig. 10 element 25) for collecting dust contained in the suction flow (0091), wherein a filter element (Fig. 10 element 26) for retaining dust in the dust collecting chamber is arranged between the dust collecting chamber and a suction turbine inflow opening of the suction turbine (Fig. 10, 0091), and wherein a suction hose (Fig. 2 element 18) is connectable to the suction inlet (0113).
Barabeisch fails to disclose the suction device has a closure element for closing the suction inlet, which closes the suction inlet in a closure position and is removed from the suction inlet in a release position, and wherein the closure element comprises a planar strap body extending along a longitudinal axis, a closure body extending from one end of the planar strap body transverse to the longitudinal axis, and a bearing projection extending from an opposite end of the planar strap body transverse to the longitudinal axis, and wherein the suction device housing further comprises a supply receptacle and a bearing receptacle, the suction inlet receiving the closure body when the closure element is in the closure position, the supply receptacle receiving the closure body when the closure element reaches the release position, and the bearing receptacle receiving the bearing projection of the closure element for permitting movement of the closure element between the closure position and the release position, and wherein the closure element has a grip handle for actuating the closure body into the supply receptacle or out of the supply receptacle, and wherein the grip handle has mutually opposite side walls, which can be gripped in the manner of a clamping grip or a pincer grip, and wherein the grip handle has a longitudinal axis disposed at a substantially right angle with respect to the longitudinal axis of the planar strap body.
Forsyth is also concerned with solving the problem of selectively closing an opening and teaches a closure element (Fig. 2 element 18) for closing the suction inlet (Fig. 11, 0044-0045, where the triangular shaped opening (72) corresponds to a suction inlet), which closes the suction inlet in a closure position (Fig. 11 element 96, 0045) and is removed from the suction inlet in a release position (Fig. 11 element 98, 0044 and 0046), and wherein the closure element comprises a planar strap body (Fig. 10 elements 73, 75, 76, and 78, where at least portions of element 78 are flat and all of the elements are planar (i.e. relating to a plane, where the plane could be any arbitrary plane which each of the elements are related to in space) extending along a longitudinal axis (see annotated Fig. 10 above and annotated Fig. 11 above, where the closure body longitudinal axis corresponds to a longitudinal axis), a closure body (Fig. 10 element 86) extending from one end of the planar strap body transverse to the longitudinal axis (see annotated Fig. 10 above), and a bearing projection (Fig. 10 element 90) extending from an opposite end of the planar strap body transverse to the longitudinal axis (see annotated Fig. 10 above), and wherein the suction device further comprises a supply receptacle (Fig. 11 element 74) and a bearing receptacle (Fig. 2 element 68), the suction inlet receiving the closure body when the closure element is in the closure position (Fig. 11, 0044-0045), the supply receptacle receiving the closure body when the closure element reaches the release position (Fig. 11, 0044 and 0046), and the bearing receptacle receiving the bearing projection of the closure element for permitting movement of the closure element between the closure position and the release position (Fig. 11, 0044 and 0046), and wherein the closure element has a grip handle (Fig. 9 element 82) for actuating the closure body into the supply receptacle or out of the supply receptacle (0050), and wherein the grip handle has mutually opposite side walls, which can be gripped in the manner of a clamping grip or a pincer grip (Fig. 9, where the portions of elements 73 and 75 which correspond with the grip handle (82) corresponds to mutually opposite side walls which are capable of being gripped by a clamping or pincer grip), and wherein the grip handle has a longitudinal axis disposed at a substantially right angle with respect to the longitudinal axis of the arm body (see annotated Fig. 11 above, where the longitudinal axis of the grip body shown is at a substantially right angle with respect to the longitudinal axis of the arm body, particularly at the point where the two axes intersect). It 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 to modify the suction device of Barabeisch to include a closure element for closing the suction inlet, which closes the suction inlet in a closure position and is removed from the suction inlet in a release position, and wherein the closure element comprises a planar strap body extending along a longitudinal axis, a closure body extending from one end of the planar strap body transverse to the longitudinal axis, and a bearing projection extending from an opposite end of the planar strap body transverse to the longitudinal axis, and wherein the suction device housing further comprises a supply receptacle and a bearing receptacle, the suction inlet receiving the closure body when the closure element is in the closure position, the supply receptacle receiving the closure body when the closure element reaches the release position, and the bearing receptacle receiving the bearing projection of the closure element for permitting movement of the closure element between the closure position and the release position, and wherein the closure element has a grip handle for actuating the closure body into the supply receptacle or out of the supply receptacle, and wherein the grip handle has mutually opposite side walls, which can be gripped in the manner of a clamping grip or a pincer grip, and wherein the grip handle has a longitudinal axis disposed at a substantially right angle with respect to the longitudinal axis of the planar strap body, as taught by Forsyth, because Forsyth teaches that the closure element as described above allows for selectively opening/closing an opening (e.g. a suction inlet) to prevent the substances within the housing (e.g. a combination of a container and a lid) from escaping the housing (0041) and examiner finds that the supply receptacle provides a second connection between the closure element and the housing which provides additional protection from the closure element becoming snagged on an object and getting damaged or being removed from the housing. Examiner notes that Forsyth has been used to read on elements which are recited as “suction” elements such as “suction inlet” and “suction device housing”. Examiner finds that Forsyth reads on these elements without the “suction” recitation, and then once applied to Barabeisch, these elements would then be considered “suction” elements.
Claims 1, 9-13, 15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Barabeisch (EP2829211), provided as a PDF in office action mailed 2/5/2025, in view of Forsyth et al. (US20130146593), hereinafter Forsyth, and in further view of Schlabach et al. (US2780395), hereinafter Schlabach.
Regarding claim 1, Barabeisch discloses a suction device with a suction device housing (Fig. 1 element 21), in which a suction turbine (Fig. 10 element 24) for generating a suction flow is arranged (0091), the suction turbine having a suction turbine inflow opening (Fig. 10 element 61) through which the suction flow can flow into the suction turbine (0094), and at least one suction turbine outflow opening through which the suction flow can flow out of the suction turbine (0094, where outflow opening corresponds to turbine outflow opening), the suction device housing having a suction inlet (Fig. 2 element 27) for letting in the suction flow (0091) and a dust collecting chamber (Fig. 10 element 25) for collecting dust contained in the suction flow (0091), wherein a filter element (Fig. 10 element 26) for retaining dust in the dust collecting chamber is arranged between the dust collecting chamber and a suction turbine inflow opening of the suction turbine (Fig. 10, 0091), wherein a suction hose (Fig. 2 element 18) is connectable to the suction inlet (0113); and a surface of an outer wall (Fig. 2, the upper surface of element 23).
Barabeisch fails to disclose the suction device has a closure element with a closure body for closing the suction inlet, which closes the suction inlet in a closure position and is removed from the suction inlet in a release position, and wherein the suction device further comprises a supply receptacle for receiving the closure body, when the closure body reaches the release position, and wherein the closure element is movably mounted on the suction device housing for adjustment between the supply receptacle and the suction inlet by means of a bearing, and wherein the bearing is or comprises a swivel bearing for pivotally supporting the closure element about a swivel axis, and wherein a suction hose is connectable to the suction inlet when the closure body reaches the release position, and wherein the suction device housing further comprises a closure element receptacle for receiving the closure element, and wherein a depth of the closure element receptacle of the suction device housing is at least equal to a height of the part of the closure element, which is received in the closure element receptacle, such that the closure element does not protrude in front of a surface of an outer wall of the suction device housing when it is received in the closure element receptacle.
Forsyth is also concerned with solving the problem of selectively closing an opening and teaches a closure element (Fig. 2 element 18) with a closure body (Fig. 10 element 86) for closing the suction inlet (Fig. 11, 0044-0045, where the triangular shaped opening (72) corresponds to a suction inlet), which closes the suction inlet in a closure position (Fig. 11 element 96, 0045) and is removed from the suction inlet in a release position (Fig. 11 element 98, 0044 and 0046), and wherein the suction device further comprises a supply receptacle (Fig. 11 element 74) for receiving the closure body, when the closure body reaches the release position (0040, 0044, and 0046), and wherein the closure element is movably mounted on the suction device housing (Fig. 2 elements 12 and 16) for adjustment between the supply receptacle and the suction inlet by means of a bearing (Fig. 10 element 90, 0042 and 0046), and wherein the bearing is or comprises a swivel bearing for pivotally supporting the closure element (0046, where the bearing (90) providing rotational movement through pivoting makes the bearing (90) a swivel bearing) about a swivel axis (Fig. 2 element X), and wherein the suction device housing further comprises a closure element receptacle (see annotated Fig. 2 below) for receiving the closure element (Fig. 1) . It 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 to modify the suction device of Barabeisch to include a closure element with a closure body for closing the suction inlet, which closes the suction inlet in a closure position and is removed from the suction inlet in a release position, and wherein the suction device further comprises a supply receptacle for receiving the closure body, when the closure body reaches the release position, and wherein the closure element is movably mounted on the suction device housing for adjustment between the supply receptacle and the suction inlet by means of a bearing, and wherein the bearing is or comprises a swivel bearing for pivotally supporting the closure element about a swivel axis, and wherein the suction device housing further comprises a closure element receptacle for receiving the closure element, as taught by Forsyth, because Forsyth teaches that the closure element as described above allows for selectively opening/closing an opening (e.g. a suction inlet) to prevent the substances within the housing (e.g. a combination of a container and a lid) from escaping the housing (0041) and examiner finds that the supply receptacle provides a second connection between the closure element and the housing which provides additional protection from the closure element becoming snagged on an object and getting damaged or being removed from the housing. Examiner notes that Forsyth has been used to read on elements which are recited as “suction” elements such as “suction inlet” and “suction device housing”. Examiner finds that Forsyth reads on these elements without the “suction” recitation, and then once applied to Barabeisch, these elements would then be considered “suction” elements.
Barabeisch, as modified, then yields, a suction hose is connectable to the suction inlet when the closure body reaches the release position (Barabeisch, in paragraph 0113 teaches a suction hose being connectable to an unobstructed suction inlet and Forsyth, in paragraphs 0044 and 0046 and Fig. 11 teaches that the suction inlet is unobstructed when in the release position).
Barabeisch, as modified, fails to disclose a depth of the closure element receptacle of the suction device is at least equal to a height of the part of the closure element which is received in the closure element receptacle, such that the closure element does not protrude in front of the surface of the outer wall when it is received in the closure element receptacle.
Schlabach is also concerned with solving the problem of selectively closing an opening and teaches a depth of the closure element receptacle of the suction device is at least equal to a height of the part of the closure element which is received in the closure element receptacle, such that the closure element does not protrude in front of a surface of an outer wall, when it is received in the closure element receptacle (see annotated Fig. 11 below). Examiner notes that Applicant does not provide criticality for the depth and height limitations in the specification. Pursuant MPEP 2144.04-IV-A, it 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 to modify the invention with regards to dimension or desired size (in this case, relative heights of the closure element and top of the closure element receptacle) in adapting the device for a particular application, since such modification would have involved a mere change in the size of a component, and a change in size is generally recognized as being within the level of one of ordinary skill in the art.
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Regarding claim 9, Barabeisch, as modified, discloses the limitations of claim 1, as described above, and further discloses the supply receptacle and/or the suction inlet are configured as plug-in receptacles (Barabeisch, 0113).
Regarding claim 10, Barabeisch, as modified, discloses the limitations of claim 1, as described above, and further discloses the closure body has on its outer circumference at least one seal (Forsyth, 0041, where the “ridge” corresponds to at least one seal) for sealing abutment against a circumferential wall of the suction inlet (Forsyth, 0041, where “an inner wall of opening 72” corresponds to a circumferential wall of the suction inlet) and/or for clamping abutment against a circumferential wall of the supply receptacle.
Regarding claim 11, Barabeisch, as modified, discloses the limitations of claim 1, as described above, and further discloses the closure element has a grip handle (Forsyth, Fig. 9 element 82) for actuating the closure body into the supply receptacle or out of the supply receptacle (Forsyth, 0050).
Regarding claim 12, Barabeisch, as modified, discloses the limitations of claim 11, as described above, but fails to disclose the grip handle is arranged in an inner space of the closure body.
Schlabach is also concerned with solving the problem of selectively closing an opening and teaches the grip handle (Figs. 11-13 element 73) is arranged in an inner space (Figs. 12-13 element 72) of the closure body (Figs. 12-13 element 70). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Barabeisch, as modified, discloses the invention except that the grip handle is arranged exterior to the closure body, where the closure body does not have an inner space to accept a grip handle instead of the grip handle being arranged in an inner space of the closure body. Schlabach shows that a grip handle being arranged in an inner space of the closure body is an equivalent structure known in the art (e.g. both grip handles allow for the removal/insertion of a closure body out of/into a corresponding hole or recess). Therefore, because these two grip handle types were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to substitute a grip handle being arranged in an inner space of the closure body for a grip handle which is arranged exterior to the closure body, where the closure body does not have an inner space to accept a grip handle. Examiner further finds that it 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, to modify the suction device of Barabeisch, as modified, to provide an inner space of the closure body and to replace the grip handle with a grip handle which is arranged in the inner space of the closure body, as taught by Schlabach, because Schlabach teaches that a grip handle arranged in an inner space of a closure body permits “easy and positive rotation…to open and close the dispensing opening” (5:44-46), where the dispensing opening corresponds to a suction inlet.
Regarding claim 13, Barabeisch, as modified, discloses the limitations of claim 11, as described above, and further discloses the grip handle has mutually opposite side walls, which can be gripped in the manner of a clamping grip or a pincer grip (Forsyth, Fig. 9, where the portions of elements 73 and 75 which correspond with the grip handle (82) corresponds to mutually opposite side walls which are capable of being gripped by a clamping or pincer grip) and/or are actuatable towards each other by means of a clamping actuation, in order to reduce or eliminate a clamping seat of the closure body in the supply receptacle or the suction inlet (Forsyth, Fig. 9, 0050-0051, where the grip handle (82) is capable of being gripped in a clamping or pincer grip, which then allows the reduction of a clamping seat of the closure body in the supply receptacle or the suction outlet by allowing for the upward movement of the closure element).
Regarding claim 15, Barabeisch, as modified, discloses the limitations of claim 1, as described above, and further discloses the closure element is arranged on an outer wall (Forsyth, Fig. 7 element 52) of the suction device housing (Forsyth, Fig. 1), and wherein the suction inlet is arranged on an outer wall of the suction device housing (Barabeisch, Fig. 2, 0115; where element 69 corresponds to an outer wall of the suction device housing).
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Regarding claim 17, Barabeisch, as modified, discloses the limitations of claim 16, as described above, and further discloses a surface of an outer wall (Barabeisch, Fig. 2, the upper surface of element 23, which also corresponds to Forsyth, Fig. 7 element 58).
Barabeisch, as modified, fails to disclose a depth of the closure element receptacle of the suction device is at least equal to a height of the part of the closure element which is received in the closure element receptacle, such that the closure element does not protrude in front of a surface of an outer wall, when it is received in the closure element receptacle.
Schlabach is also concerned with solving the problem of selectively closing an opening and teaches a depth of the closure element receptacle of the suction device is at least equal to a height of the part of the closure element which is received in the closure element receptacle, such that the closure element does not protrude in front of a surface of an outer wall, when it is received in the closure element receptacle (see annotated Fig. 11 above). Examiner notes that Applicant does not provide criticality for the depth and height limitations in the specification. Pursuant MPEP 2144.04-IV-A, it 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 to modify the invention with regards to dimension or desired size (in this case, relative heights of the closure element and top of the closure element receptacle) in adapting the device for a particular application, since such modification would have involved a mere change in the size of a component, and a change in size is generally recognized as being within the level of one of ordinary skill in the art.
Regarding claim 18, Barabeisch, as modified, discloses the limitations of claim 1, as described above, and further discloses the suction device housing is configured as a stack housing (Barabeisch, 0091, where the container attachment being stacked on top of the suction device housing (21) makes the suction device housing (21) a stack housing), which is designed in order to form a housing stack (Barabeisch, Fig. 1 elements 20 and 70, 0091) which extends in the direction of a stacking axis (Barabeisch, Fig. 1 element H), underneath of which the at least one stacking container or atop of which at least one stacking container can be stacked (Barabeisch, Fig. 12 element 450 corresponds to at least one stacking container which can be stacked above or below the housing stack (20 and 70)).
Regarding claim 19, Barabeisch, as modified, discloses the limitations of claim 18, as described above, and further discloses coupling means (Barabeisch, Fig. 6 element 90, 0136) for coupling the suction device housing to a stacking container (Barabeisch, Fig. 12, 0136, where element 450 corresponds to a stacking container) of the at least one stacking container, which is stacked atop or underneath along the stacking axis (Barabeisch, Fig. 12 shows stacking atop or underneath), wherein the coupling means of the suction device are configured to interact with coupling means of the stacking container of the at least one stacking container, so that the suction device housing is firmly connected with the stacking container of the at least one stacking container by means of the coupling means transversely to the stacking axis and parallel to the stacking axis (Barabeisch, 0140 and 0144).
Regarding claim 20, Barabeisch, as modified, discloses the limitations of claim 18, as described above, and further discloses a container attachment which can be stacked along the stacking axis as a stacking container of the at least one stacking container atop the suction device housing or underneath the suction device housing (Barabeisch, Fig. 12 element 450 corresponds to a container attachment, which is also the same as a stacking container, which can be stacked above or below the suction device housing (21)), the container attachment and the suction device housing having the coupling means (Barabeisch, Fig. 6 element 90, 0136) for firmly coupling the suction device housing to the container attachment parallel and transverse to the stacking axis (Barabeisch, 0140 and 0144), and wherein the container attachment has a receiving space for at least one component of the suction device (Barabeisch, 0030-0032, where connecting means corresponds to a receiving space and at least one vacuum cleaner connection corresponds to at least one component of the suction device).
Claims 21, 2, and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Barabeisch (EP2829211), provided as a PDF in office action mailed 2/5/2025, in view of Schlabach et al. (US2780395), hereinafter Schlabach, and in further view of a second embodiment of Schlabach.
Regarding claim 21, Barabeisch discloses a suction device with a suction device housing (Fig. 1 element 21), in which a suction turbine (Fig. 10 element 24) for generating a suction flow is arranged (0091), the suction turbine having a suction turbine inflow opening (Fig. 10 element 61) through which the suction flow can flow into the suction turbine (0094), and at least one suction turbine outflow opening through which the suction flow can flow out of the suction turbine (0094, where outflow opening corresponds to turbine outflow opening), the suction device housing having a suction inlet (Fig. 2 element 27) for letting in the suction flow (0091) and a dust collecting chamber (Fig. 10 element 25) for collecting dust contained in the suction flow (0091), wherein a filter element (Fig. 10 element 26) for retaining dust in the dust collecting chamber is arranged between the dust collecting chamber and a suction turbine inflow opening of the suction turbine (Fig. 10, 0091), where the suction inlet comprises a plug-in receptacle (Fig. 2 element 68, 0113-0114) having a peripheral wall (see annotated Fig. 3 below).
Barabeisch fails to disclose the suction device has a closure element with a cup-shaped closure body for closing the suction inlet, which closes the suction inlet in a closure position and is removed from the suction inlet in a release position, and wherein the suction device further comprises a supply receptacle for receiving the closure body, when the closure body reaches the release position, and wherein the supply receptacle comprises a plug-in receptacle having a peripheral wall, and wherein the cup-shaped closure body comprises a peripheral wall and a bottom with an interior space delimited by the peripheral wall and the bottom, the peripheral wall of the cup- shaped closure body engaging against the peripheral wall of the plug-in receptacle of the suction inlet in a sealing fit when the cup-shaped closure body is received in the suction inlet, and wherein the closure element has a grip handle for actuating the closure body into the supply receptacle or out of the supply receptacle, and wherein the grip handle is arranged in the interior space of the closure body, and wherein the grip handle has mutually opposite side walls, which can be gripped in the manner of a clamping grip or a pincer grip and are actuatable towards each other by means of a clamping actuation, in order to reduce or eliminate the sealing fit of the closure body in the supply receptacle.
Schlabach is also concerned with solving the problem of selectively closing an opening and teaches the suction device (every element shown in Fig. 11) has a closure element (Fig. 12 element 66) with a cup-shaped closure body (Fig. 12 element 70) for closing the suction inlet (Fig. 12 element 64 corresponds to a suction inlet, 5:5-15 and 5:39-43), which closes the suction inlet in a closure position (position shown in Fig. 11) and is removed from the suction inlet in a release position (5:44-46, where the position where the dispensing opening is open corresponds to a release position and wherein the cup-shaped closure body comprises a peripheral wall (Fig. 12 element 71) and a bottom (Fig. 12 the wall of element 70 which delimits a bottom of element 72 corresponds to a bottom) with an interior space (Fig. 12 element 72) delimited by the peripheral wall and the bottom (Fig. 12), the peripheral wall of the cup- shaped closure body engaging against the peripheral wall of the plug-in receptacle (Fig. 12 element 65) of the suction inlet in a sealing fit when the cup-shaped closure body is received in the suction inlet (5:39-43), and wherein the closure element has a grip handle (Figs. 11-13 element 73) for actuating the closure body into the supply receptacle or out of the supply receptacle (5:44-46), and wherein the grip handle is arranged in the interior space of the closure body (Figs. 11-13), and wherein the grip handle has mutually opposite side walls, which can be gripped in the manner of a clamping grip or a pincer grip (see annotated Fig. 13 below, where the mutually opposite side walls are capable of being gripped in the manner of a clamping grip or a pincer grip) and are actuatable towards each other by means of a clamping actuation, in order to reduce or eliminate the sealing fit of the closure body in the supply receptacle (5:44-46, where the side walls are capable of actuating towards each other by means of a clamping actuation which would then reduce or eliminate the sealing fit of the closure body in the supply receptacle as the side walls are integrally connected to the cup-shaped closure body (70) and inward movement of the sidewalls would translate to inward movement of the cup-shaped closure body (70)). It 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, to modify the suction device of Barabeisch to provide a closure element with a cup-shaped closure body for closing the suction inlet, which closes the suction inlet in a closure position and is removed from the suction inlet in a release position, and wherein the cup-shaped closure body comprises a peripheral wall and a bottom with an interior space delimited by the peripheral wall and the bottom, the peripheral wall of the cup- shaped closure body engaging against the peripheral wall of the plug-in receptacle of the suction inlet in a sealing fit when the cup-shaped closure body is received in the suction inlet, and wherein the closure element has a grip handle for actuating the closure body into the supply receptacle or out of the supply receptacle, and wherein the grip handle is arranged in the interior space of the closure body, and wherein the grip handle has mutually opposite side walls, which can be gripped in the manner of a clamping grip or a pincer grip and are actuatable towards each other by means of a clamping actuation, in order to reduce or eliminate the sealing fit of the closure body in the supply receptacle, as taught by Schlabach, because Schlabach teaches that providing the closure element as described “prevents the spilling of the contents of the container upon tilting or inversion thereof” (1:62-66 and 5:39-43). Examiner notes that Schlabach has been used to read on elements which are recited as “suction” elements such as “suction inlet” and “suction device housing”. Examiner finds that Schlabach reads on these elements without the “suction” recitation, and then once applied to Barabeisch, these elements would then be considered “suction” elements.
Barabeisch, as modified, fails to disclose the suction device further comprises a supply receptacle for receiving the closure body, when the closure body reaches the release position, and wherein the supply receptacle comprises a plug-in receptacle having a peripheral wall.
A second embodiment of Schlabach is also concerned with solving the problem of selectively closing an opening and teaches the suction device further comprises a supply receptacle (Fig. 7 element 51) for receiving the closure body, when the closure body reaches the release position (4:33-46), and wherein the supply receptacle comprises a plug-in receptacle (Fig. 7 element 51, where the plug-in receptacle is a subset of the supply receptacle which encompasses the entirety of the supply receptacle) having a peripheral wall (4:21-23 and 4:33-46, where “downwardly inclined edges 43” corresponds to a peripheral wall and “The configuration of these channels, as was the case with channel 41 in Fig. 5, is such as to permit them to receive and retain the plug 19, or 35” means that the plug-in receptacle also has the peripheral wall (43)). It 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, to modify the suction device of Barabeisch, as modified, to provide a supply receptacle for receiving the closure body, when the closure body reaches the release position, as taught by the second embodiment of Schlabach, because the second embodiment of Schlabach teaches that the supply receptacle provides a preset open position to allow access to the inside of the housing (4:40-46) which examiner finds provides additional protection from the closure element becoming snagged on an object and getting damaged or being removed from the housing.
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Regarding claim 2, Barabeisch, as modified, discloses the limitations of claim 21, as described above, and further discloses the closure element is movably mounted on the suction device housing for adjustment between the supply receptacle and the suction inlet by means of a bearing (Schlabach, Fig. 12 element 68 corresponds to a bearing, 5:26-34), and wherein the bearing is or comprises a swivel bearing for pivotally supporting the closure element (Schlabach, 5:26-34, where the bearing (68) providing rotational movement makes the bearing (68) a swivel bearing) about a swivel axis (Schlabach, Fig. 13, where an axis which extends in the into/out of the page direction and goes through the center of the bearing (68) corresponds to a swivel axis).
Regarding claim 4, Barabeisch, as modified, discloses the limitations of claim 2, as described above, and further discloses the closure body and a bearing projection (Schlabach, Fig. 11 element 76) or a bearing receptacle of the bearing are arranged on an arm body of the closure element (Schlabach, Fig. 12 element 67).
Regarding claim 5, Barabeisch, as modified, discloses the limitations of claim 4, as described above, and further discloses the arm body has a plate-like or wall-like shape (Schlabach, Fig. 12).
Regarding claim 6, Barabeisch, as modified, discloses the limitations of claim 4, as described above, and further discloses the closure body and the bearing are arranged on opposite longitudinal end regions of the arm body (Schlabach, Fig. 12, where the end of the arm body (67) starting directly to the right of the bearing (68) and continuing to the end of the arm body (67) corresponds to one longitudinal end region of the arm body and the end of the arm body (67) starting at the furthest lefthand point of the arm body (67) and ending directly to the right of the bearing (68) corresponds to the other longitudinal end region).
Regarding claim 7, Barabeisch, as modified, discloses the limitations of claim 4, as described above, and further discloses the closure body and a bearing projection (Schlabach, Fig. 12 element 76) of the bearing project to the same side of the arm body in the direction of the suction device housing (Schlabach, Fig. 12, where both the closure body (70) and bearing projection (76) project downward toward a suction device housing (60) which corresponds to the suction device housing (Barabeisch, 21) and therefore the bearing projecting and the closure body both project in a direction of the suction device housing).
Response to Arguments
Applicant's arguments filed 11/6/2025 have been fully considered but they are not persuasive.
Applicant argues that Forsyth relates to a beverage cup and Barabeisch relates to a vacuum device and that one of ordinary skill in the art would not be motivated to modify Barabeisch with the teachings of Forsyth because Forsyth is non-analogous art. Examiner respectfully disagrees. Examiner finds that Barabeisch discusses wanting to selectively cover an opening of a container (0021-0022 and 0106). Examiner finds that Forsyth is concerned with solving the same problem of providing a lid (i.e. a closure element) to selectively close an opening and therefore one of ordinary skill in the art would have been motivated to modify the vacuum device of Barabeisch with the teachings of Forsyth as the teachings of Forsyth would further improve the selective sealing of the opening of the container discussed in Barabeisch.
Regarding claim 1, Applicant argues that the inlet is normally covered by a “stacked component 70” and therefore “No cover or closure element is therefore required” (see page 10 of Arguments/Remarks). Examiner respectfully disagrees. Examiner finds that 0115 discusses an operating mode, shown in Fig. 2, where the inlet (68) is not covered by element 70, shown in Fig. 1, and therefore in this operating mode, a cover would be advantageous.
Regarding claim 1, Applicant argues that “there is no space between the stacked housing 70 and the lower vacuum cleaner housing of the vacuum cleaner 20 to accommodate a closure element” (see page 11 of Arguments/Remarks). Examiner respectfully disagrees. Examiner finds that claim 1 requires that the closure element be either flush with the upper surface of the suction device housing or recessed lower than the upper surface of the suction device housing, which examiner has relied on Schlabach to teach (see rejection of claim 1 above). With the closure element meeting this flush or recessed limitation of claim 1, examiner finds that there would be no issue with the space between elements 70 and 20 of Barabeisch and therefore examiner finds this argument to be unpersuasive. Examiner notes that Applicant further argues that Forsyth fails to teach the flush or recessed limitation, but examiner finds that Schlabach, not Forsyth, is not being relied upon to teach this limitation and therefore examiner finds this argument unpersuasive.
Regarding claim 21, Applicant argues that the closure element in Schlabach does not operate in the same manner as claimed because the closure element in Schlabach rotates out of the inlet and the claimed closure element is gripped at the opposing sidewalls and the sidewalls are then actuated towards each other to release the closure element. Examiner respectfully disagrees. Examiner finds that claim 21 only requires that the opposite side walls of the grip handle are capable of being gripped and are capable of being actuated “towards each other by means of a clamping actuation, in order to reduce or eliminate the sealing fit of the closure body in the supply receptacle” and examiner finds that the opposite side walls of the grip handle of Schlabach are capable of meeting these functional limitations (see the rejection of claim 21 above).
Applicant’s arguments with respect to claims 8 and 22 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. Examiner is relying upon Forsyth to teach the grip handle instead of Schlabach.
Conclusion
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 CALEB A HOLIZNA whose telephone number is (571)272-5659. The examiner can normally be reached Monday - Friday 8:00-4:30.
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/C.A.H./Examiner, Art Unit 3723 /MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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