DETAILED ACTION
WET CLEANING APPARATUS
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05-21-2026 has been entered.
Response to Amendment
The amendment filed 05-04-2026 has been entered. Claims 1-16 are currently pending and have been examined. The previous rejection has been updated due to applicant’s amendments.
Response to Arguments
Applicant's arguments filed 05-04-2026 have been fully considered but they are not persuasive. Regarding applicant's argument that prior art Conrad fails to teach or suggest "a water directing member sealingly adjoining the side portion". Applicant specifically argues the side portion is mischaracterize, and sloshing of liquid against the side portion does not occur in prior art Conrad.
Examiner respectfully disagrees, the claim requires that the side portion is between the top and bottom of the container. Conrad discloses that element 196 and 194 in figure 33 represents the top portion (see para 0597, 0814), and therefore the side portion (see annotated figure below) would be positioned between the top and bottom of the container and meet the claim limitation. Additionally, element 300 is connected to the side portion (see annotated figure below). Element 300 is a solid baffle that is used to prevent liquid from backflowing , to help ensure that electrical components within the surface cleaning apparatus are protected (see para 0535,0549,0624-0650). For element 300 to function properly liquid would need to contact and slosh against it to work effectively.
Applicant argues that prior art Conrad fails to teach or suggest “he surface contacts the water sloshing against the side portion to inhibit the water sloshing against the side portion from continuing to move along the side portion towards the air passage”, applicant specifically argues that the baffle is not configured to contact and inhibit liquid.
Examiner respectfully disagrees, the prior art Conrad specifically teaches that backflow is prevented due to the structure of element 300, and that the gap allows liquid to enter the container (see para 0622-629) and ensure liquid is not trapped above the element 300 , but element 300 still ensures that liquid does not backflow (see para 0622-0629) . Therefore for element 300 to prevent liquid from backflowing it would need to contact the sloshing liquid to work effectively.
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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.
Claim(s) 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US20190082907A1).
Regarding claim 1, Conrad teaches a cleaner head (102, figure 1) for cleaning a surface to be cleaned, the cleaner head having a dirt inlet (104, figure 1);
a motor (124, figure 5) and fan (para 0519) for delivering suction to the dirt inlet;
a separator unit (para 0525,0540,0548) for separating water from a flow of air generated by the suction;
a container (148 and 192, figure 17a) for collecting the separated water, the container having a top (192, figure 17a-b) and a bottom (178, figure 17a), and a side portion (figure 17a-17b) between the top (192, figure 17a-b) and the bottom (178, figure 17a);
an air passage (158, figure 17b) provided in the container (148 and 192, figure 17a) for passing the air separated from the water towards the motor and fan (para 0526), the air passage being spatially separated from the bottom of the container;
a handle (386, figure 3) for grasping by a user of the apparatus, wherein the handle, the cleaner head, and the container are arranged such that the user pushing the handle causes at least the cleaner head and the container to move forward, and the user pulling the handle causes said at least the cleaner head and the container to move backwards towards the user, the water collected in the container sloshing against the side portion of the container during said pushing (para 0512, 0563, 0546,0587);
pivot point (109, para 0511, 0521) between the cleaner head and the container, wherein the pivot point is arranged to permit tilting of the container (148 and 192, figure 2, 17a) towards the user grasping the handle, while the dirt inlet continues to provide the suction to the surface to be cleaned (para 0535,0544-0552,0778);
Conrad fails to teach a water directing member sealingly adjoining the side portion, the water directing member protruding backwards from said side portion, wherein the water directing member comprises a surface which faces away from the air passage, and wherein the surface contacts the water sloshing against the side portion to inhibit the water sloshing against the side portion from continuing to move along the side portion towards the air passage.
However, Conrad does disclose in a different embodiment a water directing member (300, figure 33) sealingly adjoining a side portion (para 0624-0629), the water directing member protruding backwards (figure 33) from said side portion, wherein the water directing member comprises a surface (see annotated figure below) which faces away from the air passage, and wherein the surface contacts the water sloshing against the side portion (figure 33; para 0624-0629) to inhibit said water sloshing against the
side portion from continuing to move along the side portion towards the air passage (para 0629); wherein the water directing member is detachable from the side portion (para 0624-0628).
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It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Conrad to include water directing member as taught by Conrad. This modification would help prevent splashing and sloshing of liquid within the liquid collection container (see Conrad para 0629).
Regarding claim 2, modified Conrad teaches a longest lateral extension of the water directing member (300, figure 33) from the side portion (figure 33) measured normal to the side portion (see 302, figure 33).
However, Conrad fails to explicitly disclose longest lateral extension of the water directing member from the side portion measured normal to the side portion is at least is at least 5 mm; and wherein the longest lateral extension is in range 10 to 50 mm or up to 75% of an interior width of the container.
Since Conrad discloses a longest lateral extension of the water directing member from the side portion measured normal to the side portion, there would be reasonable expectations of success. it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have the longest lateral extension is at least 5 mm; preferably wherein said longest lateral extension is in range of 10 to 50 mm or up to 75% of an interior width of the container, does not appear to be critical to the claimed invention and/or provide any unexpected results.
Furthermore, the longest lateral extension is at least 5 mm; preferably wherein longest lateral extension is 10 to 50 mm or up to 75% of an interior width of the container is recognized as a result-effective variable, i.e. variable which
achieves a recognized result. In this case, the recognized result is to help prevent the backflow of liquid.
Moreover, it appears that the water directing member would have performed equally well with the claimed range and percentage since the general conditions of the claim are met (e.g. Conrad discloses a lateral extension of water directing member) then it is not inventive to discover the optimum workable range/value by routine experimentation. Thus, as set forth above, it would have not been inventive to discover the optimum workable range by routine experimentation, and would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to have modified have wherein longest lateral extension of the water directing member from the side portion measured normal to the side portion is at least is at least 5 mm; preferably wherein said longest lateral extension is 10 to 50 mm or up to 75% of an interior width of the container.
Regarding claim 3, modified Conrad teaches the water directing member (300, figure 33) comprises a peripheral shut-off area or a sealing portion for sealingly adjoining the water directing member to the side portion (para 0624-0629 discloses a specific width and area for element 300 and element is impervious); and wherein a thickness of the water directing member increases towards a region of the side portion to which the peripheral shut-off area or sealing portion is sealing adjoined.
Regarding claim 4, wherein the water directing member comprises a curved surface which curves from the surface towards the peripheral shut- off area or the sealing portion (para 0628).
Regarding claim 5, modified Conrad teaches wherein the sealing portion (figure 33; para 0624-0629 discloses a specific width and area for element 300 and element is impervious) is formed from an elastomeric material (para 0629); wherein the elastomeric material comprises silicone rubber.
Regarding claim 6, modified Conrad teaches wherein the water directing member 300, figure 33) comprises a first surface and/or a second surface for contacting said water sloshing against the side portion (para 0629).
Regarding claim 7, modified Conrad teaches wherein the first surface (figure 33, annotated figure 34 and 36) extends normal to the side portion (see 302) or inclines towards the top of the container; the second surface (see annotated figure below) declines towards the bottom of the container such as to guide water thereon away from the air passage (para 0625-0628) or (examiner interpreting only one of these limitations needs to be met), when the first surface inclines towards the top of the container, the second surface extends normal to the side portion; optionally wherein the first surface extends from the side portion and the second surface extends from the first surface.
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Regarding claim 8, modified Conrad teaches the water directing member (300, figure 33) comprises the first surface (see annotated figure above) and the second surface (see annotated figure above), wherein the second surface curves from the first surface towards the bottom (para 0628) of the container and/or towards the side portion (see annotated figure above).
Regarding claim 9, modified Conrad teaches the water directing member (300, figure 33; para 0624-0628), is detachable from the side portion (baffle capable of being moved).
Regarding clam 10, Conrad as modified in claim 3 teaches all limitations stated above, but fails to teach wherein an inner surface of the side portion is arcuate such that the inner surface curves outwardly in the forward direction.
However, Conrad does disclose various different constructions of the container (figures 1-79).
Because Conrad discloses it is known to make adjustments to construction of the container, it would have been an obvious matter of design choice to a person ordinary skill in the art to make an inner surface of the side portion is arcuate such that the inner surface curves outwardly in the forward direction, because discovering an optimum shape, would have been a mere design consideration based on the characteristics the container needed to reduce water backflow.
Regarding claim 11, modified Conrad teaches an internal wall (186, figure 17b) extending from the top towards the bottom of the container, a space (para 0545, figure 17a-17b) being defined between the container and the internal wall, wherein water collected at the bottom of the container being receivable in the space when the container is orientated such that the collected water moves from the bottom towards the top of the container, wherein the internal wall is arranged to prevent water received in the space from passing into the air passage (para 0544-0552) wherein the internal wall sealingly adjoins to the container and/or wherein the internal wall and the container are integrally formed (192, figure 17a -17b).
Regarding claim 12, modified Conrad teaches wherein the separator unit (para 0525,0540,0548), and the water directing member (300, figure 33; para 0624-0628), are included in a detachable unit (figure 17a-17b and figure 33-35; para 0803), the unit being detachable from the container (discloses components can be detached as a unit see para 0679,0759,0772 and 0803,).
Regarding claim 13, modified Conrad teaches wherein the internal wall (186, figure 17b) is included in the detachable unit.
Regarding claim 14, modified Conrad teaches the separator unit (para 0525,0540,0548) comprises at least one selected from a labyrinth-type separator unit, a filter-type separator unit, and a cyclone-type separator unit.
Regarding claim 15, modified Conrad teaches a tube (180, figure 17b) for delivering said airflow to the separator unit (para 0525,0540,0548), wherein the separator unit comprises a cup (142, figure 17a) which receives an end of the tube; and wherein the tube extends in a central region of the container towards the cup.
Regarding claim 16, modified Conrad teaches the water directing member (300, figure 33; para 0624-0628) is positioned below an exit of the tube (180, figure 17b) for delivering the airflow to the separator unit (see figure 35).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 and 12-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of copending Application No. 18027068 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the application claims are broader in at least one aspect than co-pending application claims.
The co-pending application claims and application claim have been reproduced below in a side-by-side arrangement.
Application 18027063
Co-Pending Application 18027068
a cleaner head for cleaning a surface to be cleaned, the cleaner head having a dirt inlet;a motor and a fan for delivering suction to the dirt inlet;a separator unit for separating water from a flow of air generated by the suction;a container for collecting the separated water, the container having a top and a bottom, and a side portion between the top and the bottom;an air passage provided in the container for passing the air separated from the water towards the motor and the fan, the air passage being spatially separated from the bottom of the container;a handle for grasping by a user of the apparatus, wherein the handle, the cleaner head, and the container are arranged such that the user pushing the handle causes at least the cleaner head and the container to move forward, and the user pulling the handle causes said at least the cleaner head and the container to move backwards towards the user, the water collected in the container sloshing against the side portion of the container during said pushing;a pivot point between the cleaner head and the container, wherein the pivot point is arranged to permit tilting of the container towards the user grasping the handle, while the dirt inlet continues to provide the suction to the surface to be cleaned; anda water directing member sealingly adjoining the side portion, the water directing member protruding backwards from said side portion, wherein the water directing member comprises a surface which faces away from the air passage, and wherein the surface contacts the water sloshing against the side portion to inhibit[[ said]] the water sloshing against the side portion from continuing to move along the side portion towards the air passage.
A wet cleaning apparatus[[ (10)]] comprising: a dirt inlet[[ (11)]]; a motor [[(14) ]]and a fan [[(16) ]]for delivering suction to the dirt inlet; a separator unit (18, 118, 218) for separating water from a flow of air generated by the suction; a container [[(19) ]]for collecting the separated water, wherein the container has a top (19A) and a bottom (19B); an air passage [[(22) ]]for passing the air separated from the water towards the motor and fan, the air passage being spatially separated from the bottom of the container; and an internal wall extending from the top towards the bottom of the container, a space being defined between the container and the internal wall, wherein the water collected at the bottom of container being receivable in the space when the container is orientated such that the collected water moves from the bottom towards the top of the container, and wherein a thickness of the internal wall increases towards the top of the container such that the internal wall is arranged to prevent the water received in the space from passing into the air passage.
a cleaner head [[(12) ]]for cleaning a surface to be cleaned, the dirt inlet [[(11) ]]being included in the cleaner head; and
a pivot point [[(13) ]]between the cleaner head and the container[[ (19)]], wherein the pivot point is arranged to permit angular adjustment of the container towards the surface to be cleaned such that the water collected in the bottom (19B) of the container moves into the space, and subsequent angular adjustment of the container away from the surface to be cleaned causes the water to move towards the bottom of the container.
wherein the container [[(19) ]]comprises. a side portion (19D) between the top (19A) and the bottom (19B) of the container; a handle [[(24) ]]for grasping by a user of the wet cleaning apparatus, wherein the handle, the cleaner head[[ (12)]], and the container are arranged such that a user pushing the handle causes at least the cleaner head and the container to move forward, and the user pulling the handle causes said at least the cleaner head and the container to move backwards towards the user, the water collected in the container sloshing against the side portion of the container during said pushing, and wherein the pivot point [[(13) ]]is arranged to permit tilting of the container towards the user grasping the handle while the dirt inlet [[(11) ]]continues to provide the suction to the surface to be cleaned; and
a water directing member [[(26) ]]sealingly adjoining the side portion, the water directing member protruding backwards from said side portion, thereby to inhibit said water sloshing against the side portion from continuing to move along the side portion towards the air passage,(22); optionally wherein the water directing member is detachable from the side portion.
The wet cleaning apparatus of 75% of an interior width of the container[[ (19)]].
The wet cleaning apparatus [[(10) ]]according to claim 3, wherein a longest lateral extension of the water directing member [[(26) ]]from the side portion wherein said longest lateral extension is in a range of 10 to 50 mm or up to 75% of an interior width of the container[[ (19)]].
3.wherein the water directing member[[ (26)]] comprises a peripheral shut-off area or a sealing portion
The wet cleaning apparatus [[(10) ]]according to claim 3sthe sealing portion is sealingly adjoined.
4. The wet cleaning apparatus of(10) according to claim 3, wherein the water directing member[[ (26)]] comprises a surface which faces away from the air passage[[ (22)]], and wherein the water directing member comprises a curved surface which curves from the surface towards the peripheral shut-off area or sealing portion (26A).
6. The wet cleaning apparatus [[(10) ]]according to claim 5, wherein the water directing member [[(26) ]]comprises a surface which faces away from the air passage[[ (22)]], and wherein the water directing member comprises a curved surface which curves from [[the ]]a surface towards the peripheral shut-off area or the sealing portion (26A).
5. wherein the sealing portion (26A) is formed from an elastomeric material,; optionally wherein the elastomeric material comprises silicone rubber.
wherein the sealing portion (26A) is formed from an elastomeric material[[;]] optionally wherein the elastomeric material comprises silicone rubber.
wherein the water directing member[[ (26)]] comprises a first surface (26B) and/or a second surface (26C) for contacting said water sloshing against the side portion (19D).
8. wherein the water directing member [[(26) ]]comprises a first surface (26B) and/or a second surface (26C) for contacting said water sloshing against the side portion (19D).
wherein the first surface (26B) extends normal to the side portion (19D) or inclines towards the top (19A) of the container[[ (19)]]; andthe second surface (26C) declines towards the bottom (19B) of the container such as to guide water thereon away from the air passage[[ (22)]], or[[,]] when the first surface inclines towards the top (19A) of the container, the second surface extends normal to the side portion.optionally wherein the first surface extends from the side portion and the second surface extends from the first surface.
9. the first surface (26B) extends normal to the side portion (19D) or inclines towards the top (19A) of the container, and (19);
the second surface (26C) declines towards the bottom (19B) of the container such as to guide the water thereon away from the air passage [[(22) ]]or, when the first surface inclines towards the top (19A) of the container, the second surface extends normal to the side portion[[;]] optionally wherein the first surface extends from the side portion and the second surface extends from the first surface.
wherein the water directing member[[ (26)]] comprises the first surface (26B) and the second surface (26C), wherein the second surface curves from the first surface towards the bottom (19B) of the container and/or towards the side portion (19D)
10. wherein the water directing member [[(26) ]]comprises the first surface (26B) and the second surface (26C), and wherein the second surface curves from the first surface towards the bottom (19B) of the container and/or towards the side portion (19D)
wherein the water directing member[[ (26)]] is detachable from the side portion (19D).
See claims 1-3
wherein an inner surface of the side portion (19D) is arcuate such that the inner surface curves outwardly in a_[[the ]]forward direction.
wherein an inner surface of the side portion (19D) is arcuate such that the inner surface curves outwardly in [[the ]]forward direction.
12. wherein the separator unit (18, 118, 218), and the water directing member[[ (26)]] are included in a detachable unit, said detachable unit being detachable from the container[[ (19)]]
wherein the separator unit (18, 118, 218), the water directing member[[ (26)]], and optionally the internal wall (19E) are included in a unit, said unit being detachable from the container[[ (19)]].
13.The wet cleaning apparatus of (10) according to claim 12, wherein the internal wall (19E) is included in the detachable unit.
11. wherein the separator unit (18, 118, 218), the water directing member[[ (26)]], and optionally the internal wall (19E) are included in a unit, said unit being detachable from the container[[ (19)]].
Regarding the broadening aspect of application claim 1, the above comparison between the co-pending claim and the application claim highlights which elements have been excluded in the presentation of the application claim. Thus, it is apparent, that the co-pending application claims 1-3 includes features that are not in application claim 1. Following the rationale in In re Goodman cited above, where applicant has been once granted a patent containing a claim for the specific of narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. Since application claim 1 is anticipated by co-pending application claims 1-3,8 with respect to the broadening aspect, and since anticipation is the epitome of obviousness, then application claim 1 is obvious over co-pending application claims 1-3,8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH AKYAA FORDJOUR whose telephone number is (571)272-0390. The examiner can normally be reached Monday - Thursday 9:30am - 5:30pm and Friday 6:00am-3:00pm.
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/SARAH AKYAA FORDJOUR/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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