DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 9 is objected to because of the following informalities:
Line 3 recites “the two lateral wall portion”, which is a grammatical error.
Appropriate correction is required.
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.
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:
“a first latching or snapping connecting device” in claim 6, part b.
“a toolless coupling mechanism” in claim 13, part c.
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.
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 5-7, 9, 10, 12-13, 15-17 and 19 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.
There is no antecedent basis for the following:
“the housing” in claim 5, part b.
“the support frame” in claim 6, part d.
“the protective housing” in claim 7, part b.
“the two lateral wall portion” in claim 9, line 3.
“the housing bottom side” in claim 10, line c.
“the housing” in claim 12, line 4.
“the collection container bottom side” in claim 13, part b.
“the front side” in claim 13, part b.
“the permanent filter” in claim 15, part b.
“the housing” in claim 16, part a.
“the collection container bottom side” in claim 17, line 3.
“the protective housing” in claim 19, part a.
The following elements have an “a” before them after being recited a second time (“a” should be replaced with “the”):
“a suction hose” in claim 9, line 4.
“a suction nozzle” in claim 9, line 6.
“a suction pipe” in claim 9, line 7.
“a suction nozzle” in claim 9, line 9.
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 1-3, 6-10, 14-16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Soler (US 5,267,371) in view of Fogarty, JR (US 2018/0353038).
As to claim 1, Soler includes a battery-operated backpack suction appliance, comprising a collection container (54), a technical unit (80) connected to the collection container in an operating position of the suction appliance (column 6, lines 38-40), and a backpack device (12) connected to at least one of the collection container and the technical unit in the operating position for the suction appliance to be worn on the back of an operator (column 4, lines 18-19), and wherein the collection container is configured to be removable from the technical unit in a toolless manner (16, which includes 54, is removably connected to 14 [and the remainder of the suction appliance] using latches 46. No tool is needed to remove 16; column 5, lines 46-51).
Soler does not include wherein the collection container is made of a foamed plastic material.
Fogarty, JR includes a suction appliance having a container (39) made of a foamed plastic material (para 23).
It would have been obvious to modify the collection container of Soler to be made of a foamed plastic material, as taught by Fogarty, JR, thereby providing a lightweight and inexpensive option.
As to claim 2, wherein the suction appliance, in particular the technical unit, comprises a suction device (80; column 6, lines 38-40), wherein, in particular, the technical unit comprises a control device (38) that cooperates with the suction device (column 4, lines 51-55).
As to claim 3, wherein current-carrying and current-conducting components (36, 38; column 4, lines 51-55 and Fig. 2) are arranged or formed exclusively in or on the technical unit (36/38 connect to motor 80 due each providing it with power, and therefore they are exclusively on the technical unit).
As to claim 6, wherein the technical unit is at least partially surrounded by a protective housing (14), wherein, in particular, at least one of: the protective housing is of one-piece (14 is one piece; Fig. 2) or multi-part, in particular two-part configuration, or components thereof are configured to be connectable to the technical unit and to one another in a toolless manner, in particular by a first latching or snapping connecting device, and is made of a foamed plastic material, in particular of the same foamed plastic material as the collection container, and is connected to the backpack device, in particular the support frame.
As to claim 7, wherein the backpack device comprises a support frame (Located at 20) and two shoulder straps (12) arranged or formed on the support frame (Fig. 2), wherein, in particular, at least one of: the technical unit is connected to the support frame (Technical unit 80, which includes a housing 14, is connected to 20), and at least part of the protective housing is arranged between the support frame and the technical unit.
As to claim 8, wherein the collection container defines a receiving space (Dirt is received in 54) and comprises a collection container top side (A top surface), a collection container bottom side (A bottom surface), and a peripheral collection container wall (The wall extending between these top and bottom surfaces) extending from the collection container bottom side to the collection container top side, and wherein the collection container top side is open, in particular completely or substantially completely (Dirt can flow in through the top so it is open), wherein, in particular, the peripheral collection container wall comprises a rear wall portion (A rear section), a front wall portion (A front section) opposite said rear wall portion, and two lateral wall portions (Two lateral sections) connecting the rear wall portion and the front wall portion to one another and extending opposite one another (Fig. 3-4).
As to claim 9, wherein a suction port (The inlet of the appliance connected to 18) that is connected or connectable to a suction hose (18) is arranged or formed on the collection container (Fig. 1), in particular on one of the two lateral wall portions (18 connects to two lateral sections), wherein, in particular, the suction appliance comprises a suction hose, which, on the one hand, is connectable or connected to the suction port and, on the other hand, at least one of: comprises a suction nozzle and is coupleable to a suction nozzle or a suction pipe, wherein, further in particular, the suction appliance comprises a suction pipe (A variety of cleaning heads are interchangeably connected to 18; column 4, lines 14-16) and wherein the suction pipe, on the one hand, is coupleable to the suction hose and, on the other hand, at least one of comprises a suction nozzle and is coupleable to a suction nozzle (column 4, lines 14-16 and Fig. 1).
As to claim 10, wherein the collection container top side of the collection container is of mirror symmetrical configuration with respect to two mirror planes (Two perpendicular vertical planes through 54) extending perpendicularly to one another (Fig. 3-4), wherein, in particular, at least one of: the two mirror planes intersect in a line of intersection (A line going through the middle of 54) and wherein the line of intersection defines a longitudinal axis of the collection container, and the collection container as a whole is of mirror symmetrical or substantially mirror symmetrical configuration with respect to the two mirror planes, and that the housing bottom side is of mirror symmetrical configuration with respect to the two mirror planes.
As to claim 14, wherein the suction appliance comprises a permanent filter (68) and wherein the permanent filter in the operating position is held between the technical unit and the collection container (Fig. 4), wherein, in particular, the permanent filter comprises a holding frame (A section of 68 that positions it) and a filter element (The section 68 having holes, in particular in the form of a nonwoven, held on the holding frame, wherein, further in particular, the holding frame comprises a peripheral clamping wall portion, wherein the clamping wall portion comprises two clamping faces that face away from one another, and wherein the clamping faces in the operating position abut against the first clamping face on the one hand and against the second clamping face on the other hand (Segments/faces of 68 are pressed [clamped] against inner walls of the appliance; Fig. 4).
As to claim 15, wherein an air channel inlet (76) is arranged or formed on the housing bottom side and the suction appliance comprises a particulate filter (68), which in the operating position closes the air channel inlet (68 closes 76 from large particles trying to pass through), wherein, in particular, the particulate filter at least one of: in the operating position is coupled to the technical unit (68 is joined to the technical unit housing 14; Fig. 4), and in the operating position is arranged or formed between the permanent filter and the air channel inlet, and comprises a particulate filter frame and a particulate filter element held thereon and wherein the particulate filter frame is coupled to the technical unit in the operating position, in particular by a second latching or snapping connecting device.
As to claim 16, wherein a blow-out opening (at 110) is arranged or formed on the suction appliance and wherein a pressure side of the suction device is fluidically connected to the blow-out opening, wherein, in particular, at least one of: the blow-out opening comprises a plurality of blow-out slits (vents 110) [column 5, lines 31-32], wherein, in particular, the blow-out slits are arranged or formed on the housing, and is arranged or formed on a front side of the suction appliance, and is arranged or formed on the technical unit, in particular on a front side of the technical unit, defines at least two outlet regions, wherein an air guidance device is arranged or formed on the technical unit, wherein the air guidance device comprises at least two air guidance channels that are separate from one another and that each are fluidically connected to the pressure side of the suction device on the one hand and to a respective one of the at least two outlet regions on the other hand.
As to claim 19, wherein the suction appliance comprises a carrying handle (understood as 22) and wherein the carrying handle is arranged or formed on the suction appliance on an appliance side that faces away from the collection container (Fig. 2), wherein, in particular, the carrying handle in the operating position is connected to the backpack device (understood as 20) on the one hand and to the technical unit or part of the protective housing on the other hand, and a center of gravity of the suction appliance in the operating position when a longitudinal axis of the suction appliance is oriented in parallel to the direction of gravity lies below the carrying handle (The appliance may be oriented such that the center of gravity is below the handle).
As to claim 20, wherein the suction appliance is configured in the form of a canister vacuum cleaner (Fig. 4).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Soler (US 5,267,371) in view of Fogarty, JR (US 2018/0353038), and further in view of Bigley (US 4,791,700).
As to claim 4, Soler does not include wherein the technical unit comprises a housing (14; Fig. 2). Soler does not include wherein, in particular, at least one of: the housing is made of a plastic material, in particular a thermoset, a thermoplastic, a glass fiber-reinforced plastic, or of a mixture of one or more at least one of thermosets and thermoplastics, and the housing is formed by injection molding, in particular by a compact injection molding process.
Bigley includes a suction appliance with a housing (17) made of thermoplastic, and the housing is formed by injection molding (column 2, lines 20-22).
It would have been obvious to modify the housing to be made of thermoplastic and formed by injection molding, as taught by Bigley, the thermoplastic providing a lightweight and inexpensive option, and the injection molding providing an efficient way to create the housing. The modification is structurally equivalent to using a compact injection molding process because no compact element needs to alter the chemical makeup of the housing.
Claims 5, 11-13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Soler (US 5,267,371) in view of Fogarty, JR (US 2018/0353038), and further in view of Cochran (US 2004/0088817).
As to claim 5, Soler does not include wherein the suction appliance comprises a battery, in particular a rechargeable battery, wherein, at least one of the technical unit and the battery are mechanically and electrically completely separated from one another in a separated position and are mechanically and electrically coupled to one another in a coupling position, and the suction appliance comprises a coupling device for mechanically coupling the battery to the housing of the technical unit, and the technical unit is arranged between the battery and the collection container in the operating position, and the housing comprises a housing top side and a housing bottom side, wherein the housing top side and the housing bottom side face in opposite directions, and wherein in the operating position the battery is connected to the housing top side and the housing bottom side is connected to the collection container.
Cochran includes a suction appliance comprising a battery (28e), in particular a rechargeable battery (claim 22), and the suction appliance comprises a coupling device (552, 562) for mechanically coupling the battery to the housing of the technical unit (The coupling device holds the battery onto a technical unit that includes 560; para 76 and Fig. 19).
It would have been obvious to modify Soler to have a battery, in particular a rechargeable battery, and the suction appliance comprises a coupling device for mechanically coupling the battery to the housing of the technical unit, as taught by Cochran, in order to power the appliance wirelessly without the need for the user to be near a wall outlet. The modification provides at least of the following: wherein, at least one of the technical unit and the battery are mechanically and electrically completely separated from one another in a separated position and are mechanically and electrically coupled to one another in a coupling position (Fig. 19 shows this), and the technical unit is arranged between the battery and the collection container in the operating position, and the housing comprises a housing top side and a housing bottom side, wherein the housing top side and the housing bottom side face in opposite directions, and wherein in the operating position the battery is connected to the housing top side and the housing bottom side is connected to the collection container.
As to claim 11, Soler does not include wherein the technical unit and the collection container are clampingly held against one another in the operating position.
Cochran includes a suction appliance comprising two elements (12, 14) clampingly held against one another (by a latching system 102) [para 55 and Fig. 2].
It would have been obvious to modify Soler to include wherein the technical unit and the collection container are clampingly held against one another in the operating position, as taught by Cochran, in order to permit the collection chamber to be easily disconnected from the remainder of the suction applicance.
As to claim 12, Soler does not include wherein formed on the collection container is a peripheral first clamping face, which has a cross section that increases in the direction toward the technical unit, wherein, in particular, formed on the housing is a peripheral second clamping face, which abuts against the first clamping face in the operating position.
Cochran includes a suction appliance comprising two elements (12, 14) clampingly held against one another (by a latching system 102) [para 55 and Fig. 2].
It would have been obvious to modify Soler to include wherein the technical unit and the collection container are clampingly held against one another in the operating position, as taught by Cochran, in order to permit the collection chamber to be easily disconnected from the remainder of the suction appliance. The modification provides wherein formed on the collection container is a peripheral first clamping face (An outer surface of 54 near its top), which has a cross section that increases in the direction (up) toward the technical unit (54 increases in cross section form a lower cross-sectional size near its top; Fig. 4), wherein, in particular, formed on the housing (74) is a peripheral second clamping face, which abuts against the first clamping face in the operating position (A face of 74 abuts a face of 54).
As to claim 13, Soler does not include wherein the suction appliance comprises a securing device for securing a connection of the collection container and the technical unit in the operating position, wherein, in particular, at least one of: the securing device comprises at least one securing member, which holds the collection container against the technical unit in the operating position, and the at least one securing member in the operating position at least partially engages around the collection container, in particular the collection container bottom side, and is connected to the backpack device on the one hand and to the technical unit, in particular the front side of the housing, on the other hand, and the suction appliance comprises a toolless coupling mechanism for releasably connecting the at least one securing member to at least one of the backpack device and to the technical unit.
Cochran includes a suction appliance comprising two elements (12, 14) clampingly held against one another (by a latching system 102) [para 55 and Fig. 2].
It would have been obvious to modify Soler to include wherein the technical unit and the collection container are clampingly held against one another in the operating position, as taught by Cochran, in order to permit the collection chamber to be easily disconnected from the remainder of the suction appliance. The modification provides wherein the suction appliance comprises a securing device (The upper piece of latching system 102) for securing a connection of the collection container and the technical unit in the operating position, and also the securing device comprises at least one securing member (The lower piece of latching system 102), which holds the collection container against the technical unit in the operating position (Fig. 2 of Cochran).
As to claim 17, Soler does not include wherein feet are arranged or formed on the collection container, wherein, in particular, the feet are molded on the collection container bottom side.
Cochran includes a suction appliance comprising wherein feet (seen on the bottom of 100e in Fig. 15) are arranged or formed on a collection container (100e), wherein, in particular, the feet are molded on the collection container bottom side (The structure of the feet is equivalent to being molded on 100e).
It would have been obvious to modify Soler to include feet are arranged or formed on the collection container (which provides the same structure as the feet having been molded on the collection container bottom side), as taught by Cochran, in order to preventing damage to the bottom of the appliance that can happen when it is laid on the floor.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Soler (US 5,267,371) in view of Fogarty, JR (US 2018/0353038), and further in view of Rogers (US 2002/0104184).
As to claim 18, Soler does not include wherein the suction appliance comprises a suction bag, wherein the suction bag comprises a suction bag opening, wherein the suction bag is arranged in the collection container, and wherein the suction bag opening and a suction port of the suction appliance are fluidically connected to one another in the operating position, wherein, in particular, the suction bag is of air-permeable configuration.
Rogers includes suction appliance wherein the suction appliance comprises a suction bag (52), wherein the suction bag comprises a suction bag opening (inherent), wherein the suction bag is arranged in the collection container, and wherein the suction bag opening and a suction port (32) of the suction appliance are fluidically connected to one another in the operating position, wherein, in particular, the suction bag is of air-permeable configuration (para 39).
It would have been obvious to modify Soler to include a suction bag connected to a suction port (56; Fig. 4), as taught by Rogers, in order to filter air after it passes through the suction port, thereby giving additional filtration ability for the appliance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica S. 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW A HORTON/Primary Examiner, Art Unit 3723