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 .
This Office action is in response to amendments filed on 08/19/2025. Claims 1-11 are pending. Previously filed claim objections, 35 USC 112(b) rejections, and drawing objections have been withdrawn.
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.
Claim 11 is 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.
Claim 11 recites “wherein the suction device includes several gaseous chambers connected to not connected to each other, and at least one suction duct connecting each gaseous chambers to at least one suction unit…” which renders the claim indefinite. It is unclear to the Examiner how the several gaseous chambers are not connected to each other but at least one suction duct connects the several gaseous chamber to at least one suction unit. Therefore, as claimed, the several gaseous chambers eventually are connected to each other. As best understood from instant disclosure and for examination purposes, the at least one gaseous chamber includes several gaseous chambers separated into several compartments, and at least one duct connects each gaseous chamber to at least one suction unit (--wherein the at least one gaseous chambers separated into several compartmentsthe at least one suction dust connecting each gaseous chamber to the at least one suction unit, said gaseous chambers allowing to simultaneously suck up the dust generated by the friction of several brushes on several slip rings.--).
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, 3-8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Vasseur (US 2012/0324673) in view of McGrath (US Patent No. 5,145,297).
Regarding claim 1, Vasseur (US 2012/0324673) discloses an assembly (figs. 1-2) for the suction of dust generated by the friction of an end of a brush on a collector at a contact surface (Abstract), comprising:
at least one suction device (includes items 4, 10, 12, 14’; fig. 1) and a brush/brush holder assembly (item 1; fig. 1), said at least one suction device defining an inner opening (item 13; pp. [0053]; fig. 2) adapted to receive the end of the brush/brush holder assembly (pp. [0053]; fig. 1), and including at least:
at least one gaseous chamber (item 12; pp. [0055]; figs. 1-2) defined by a tubular wall (pp. [0057]; gaseous chamber 12 is surrounded on all sides to enclose and create a tubular structure; fig. 2) and extending according to a plane so as to form a closed ring having an overall polygonal shape (the tubular structure encloses inner opening 13 and forms a closed ring on outer side via vertical walls in a polygonal shape, i.e. square; fig. 2), said ring defining the inner opening (ring forms the outer boundary of inner opening 13; fig. 2),
a collection opening (defined as opening at bottom of gaseous chamber 12 opened towards the contact surface; pp. [0055]) extending longitudinally over a part of the tubular wall intended to face the collector (similar to applicant’s disclosure, collection opening extends into gaseous chamber along a longitudinal direction and along tubular wall; fig. 1), and
a suction duct (item 14; pp. [0055]; fig. 2) intended to connect said at least one gaseous chamber to a suction unit (pp. [0066]),
wherein the inner opening is adapted to allow a gaseous passage between said brush/brush holder assembly and said at least one suction device (gaseous passage, i.e. suction passage, is capable between brush/brush holder assembly 1 and suction device 14 in use; fig. 1).
Vasseur does not explicitly disclose wherein said collection opening is bordered by at least one lip extending from the gaseous chamber in the direction of the inner opening so as to form a narrow corridor.
However, McGrath (US Patent No. 5,145,297) teaches a suction system for removing particular matter from an object being machined or having been machined, wherein the system includes a collection opening facing a contact surface (defined as opening facing item 13; fig. 4) , wherein the collection opening, on both sides, is bordered by lips extending from the gaseous chamber (fig. 4), and at least one lip extends from the gaseous chamber towards the inner opening (in view of fig. 4, right side lip extends from gaseous chamber towards inner opening, i.e. angled inward which corresponds to inner opening in Vasseur).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly, as taught in Vasseur, to include a lip on both sides of the collection opening, as taught in McGrath, in order to assist and allow the airflow to travel from the contact surface into the gaseous chamber for the dust, debris, and particulate matter to be collected (McGrath; col. 4, ll. 54 through col. 5, ll. 2).
Regarding claim 3, Vasseur as modified discloses the assembly as claimed in 1, wherein the at least one suction device includes a single gaseous chamber (gaseous chamber 12 encloses inner opening 13 and connects as a single gaseous chamber; fig. 2).
Regarding claim 4, Vasseur as modified discloses the assembly as claimed in 1, wherein at least one gaseous passage is a free volume of the inner opening separating the brush/brush holder assembly and the at least one suction device (at least one gaseous passage, defined as one side of polygonal tubular gaseous chamber 12, is separate, divided and a free volume from inner opening 13 and brush/brush holder assembly 3 and suction device; similar to applicant’s disclosure).
Regarding claim 5, Vasseur as modified discloses the assembly as claimed in 1, wherein said at least one gaseous chamber extends in the plane so as to have an overall square shape (gaseous chamber 12 extends in the plane with an overall square shape enclosing the inner opening 13; fig. 2).
Regarding claim 6, Vasseur as modified discloses the assembly as claimed in 1, wherein said at least one gaseous chamber can be divided into several components (defined as upper and lower ends of gaseous chamber 12 in view of fig. 2), each component having a suction duct (two corresponding suction ducts 14 for the upper and lower compartments; fig. 2).
Regarding claim 7, Vasseur as modified discloses the assembly as claimed in 1, where at least one collection opening (defined as collection opening facing contact surface; pp. [0055]; similar to applicant’s disclosure) has the shape of a slot that extends along the entire tubular wall on the part of said wall intended to face the connector (collection opening, i.e. slot, from contact surface to gaseous chamber 12 extends along polygonal tubular wall; pp. [0055-0057]; fig. 2).
Regarding claim 8, Vasseur as modified discloses the assembly as claimed in 7, wherein the collection opening is bordered by two lips (McGrath; fig. 4).
Regarding claim 10, Vasseur as modified discloses the assembly as claimed in 1, wherein at least one suction duct has a transverse cross section that has a greater diameter at a junction with the at least one gaseous chamber (cross section at item 14, which connects to gaseous chamber 12, is greater than cross section at item 4 of suction duct which leads into suction unit; fig. 1).
Claims 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Vasseur (US 2012/0324673) in view of McGrath (US Patent No. 5,145,297) and further in view of Davis (US Patent No. 2,280,751).
Regarding claim 2, Vasseur as modified discloses the assembly as claimed in 1, but does not explicitly disclose wherein the suction device includes several gaseous chambers connected to each other, and at least one suction duct connecting said gaseous chambers to at least one suction unit, said gaseous chambers allowing to simultaneously suck up the dust generated by the friction of several brushes on several slip rings.
However, Davis (US Patent No. 2,280,751) teaches a suction device comprising a several gaseous chambers (items 17, 18, 21, 22; fig. 2) enclosing an inner opening (defined as central opening within suction device in view of figs. 2-3), wherein the several gaseous chambers are connected to each other (fig. 3; via suction duct), and at least one suction duct connecting said gaseous chambers to at least one suction (corresponding to suction duct 14 and suction unit in Vasseur), said gaseous chambers allowing to simultaneously suck up the dust generated by the friction of several brushes on several slip rings (gaseous chambers are capable of simultaneously sucking up dust along several brushes on several slip rings, corresponding to brush and slip ring in Vasseur).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify the suction device, as disclosed in Vasseur, to include several gaseous chambers connected to one another, as taught in Davis, in order for the device to uniformly suction dust and debris off the contact surface which is desirable to perform effective cleaning on the surface (Davis; col. 2, ll. 59-66).
Regarding claim 11, as best understood, Vasseur as modified discloses the assembly as claimed in claim 1,but does not explicitly disclose wherein the at least one gaseous chamber includes several gaseous chambers separated into several compartments (as best understood and interpreted by 35 USC 112(b) rejection above), and the at least one suction duct connecting each gaseous chamber to at least one suction unit, said gaseous chambers allowing to simultaneously suck up the dust generated by the friction of several brushes on several slip rings.
However, Davis (US Patent No. 2,280,751) teaches a suction device comprising a several gaseous chambers (items 17, 18, 21, 22; fig. 2) enclosing an inner opening (defined as central opening within suction device in view of figs. 2-3), wherein the several gaseous chambers separated into several compartments (via walls, i.e. items 19; figs. 2-3), and at least one suction duct connecting each gaseous chambers to at least one suction unit (each gaseous chambers leads into suction duct and are connected to at least one suction unit; corresponding to suction duct 14 and suction unit in Vasseur), said gaseous chambers allowing to simultaneously suck up the dust generated by the friction of several brushes on several slip rings (gaseous chambers are capable of simultaneously sucking up dust along several brushes on several slip rings, corresponding to brush and slip ring in Vasseur).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify the suction device, as disclosed in Vasseur, to include several gaseous chambers separated into compartments and connected to at least one suction duct via at least one suction unit, as taught in Davis, in order for the device to uniformly suction dust and debris off the contact surface which is desirable to perform effective cleaning on the surface (Davis; col. 2, ll. 59-66).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Vasseur (US 2012/0324673) in view of McGrath (US Patent No. 5,145,297) and further in view of Benedetti (US 2007/0274798).
Regarding claim 9, Vasseur as modified discloses the assembly as claimed in 8, wherein the lip closest to the inner opening called inner lip has a curved profile (McGrath; fig. 4); however, McGrath does not explicitly disclose wherein the inner lip ends in a point.
Benedetti (US 2007/0274798) teaches an extractor device comprising an inner opening adapted for a brush (fig. 1), a collection opening (bottommost boundary of item 7-13; fig. 1) facing a contact surface (item 4), a gaseous chamber (item 7-13; fig. 1), wherein an inner lip (defined as innermost lip, i.e. nearest item 3 in view of fig. 1) borders the collection opening and extends from gaseous chamber towards the inner opening (fig. 1) and ends in a point.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify the inner lip, as disclosed in Vasseur modified by McGrath, to include a point at the end, as taught in Benedetti, in order for the collection opening to suction up dirt angled closer to the brush assembly at a higher speed which efficiently removes the dust generated in quick manner to reduce wear.
Response to Arguments
Applicant's arguments filed 08/19/2025 have been fully considered but they are not persuasive.
Applicant argues, “In particular, in Vasseur [the prior art of record], inner opening (13) is not adapted to allow a gaseous passage between the brush/brush holder assembly and the suction device. There is no passage between the brush/brush holder assembly and walls defining the suction device as seen in fig. 1. As a consequence, Vasseur does not disclose the features of claim 1 related to a gaseous passage between the brush/brush holder assembly and the suction device.” (p. 8 of Remarks). However, the Examiner respectfully disagrees. In response to applicant's argument that Vasseur does not disclose “the inner opening is adapted to allow a gaseous passage between said brush/brush holder assembly and said at least one suction device”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In Vasseur, the inner opening is capable of allowing a gaseous passage between brush/brush holder and the suction device, e.g. a gaseous/suction passage defined structurally between brush/brush holder and the suction device.
Further, in view of the same argument, applicant states [in the instant application], “the device surrounds the brush/brush holder assembly 6 without coming in contact directly with. The inner opening must form a housing congruent with this assembly, the surface of the opening must allow to receive the brush/brush holder assembly 6 while leaving a gaseous passage between the device 1 and this assembly 6. This gaseous passage is a free space allowing the gas to circulate between the brush/brush holder assembly 6 and the device 1 (thus the brush/brush holder assembly 6 is not encapsulated in the device 1).” (p. 8 of Remarks). However, it is noted that the features upon which applicant relies (i.e. the brush/brush holder is not encapsulated in the device; the device surrounds the brush/brush holder without coming in contact directly with) are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims (refer to MPEP 2173). Therefore, the rejection remains in place.
Additionally, applicant argues, “McGrath [the teaching art of record] does not disclose: a collection opening bordered by at least one lip extending from the gaseous chamber in the direction of the inner opening so as for form a narrow corridor or an inner opening adapted to allow a gaseous passage between a brush/brush holder assembly and said suction device” (p. 10 of Remarks). However, the Examiner respectfully disagrees. The Examiner notes McGrath is utilized only to teach at least one lip, such as wherein the collection opening, corresponding to the collection opening in Vasseur, is bordered by at least one lip extending from the gaseous chamber, corresponding to the suction chamber defined between (i.e. structurally between) the brush/brush holder assembly and the suction device in Vasseur, in the direction of the inner opening so as to form a narrow corridor. In other words, McGrath is not intended to disclose the entire structure of the assembly, such as the gaseous chamber defining a tubular wall and the gaseous chamber forming a closed ring having an overall circular, ovoid or polygonal shape (referring to p. 10 in Remarks). From the teachings of McGrath, at least two lips are disclosed; therefore, at least the inner surrounding walls of the gaseous chamber (corresponding to item 12 in Vasseur) that face the inner opening (corresponding to item 13 in Vasseur) are modified to define a lip extending in a direction towards the inner opening (item 13 in Vasseur) so as to form a passageway, i.e. a narrow corridor, in order to assist and allow the airflow to travel from the contact surface into the gaseous chamber for the dust, debris, and particulate matter to be collected (McGrath; col. 4, ll. 54 through col. 5, ll. 2). Therefore, the rejection remains in place.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Day (WO0019881), as provided by the Examiner, discloses an assembly for the suction of dust comprising at least one suction device and a brush/brush holder assembly, said suction device defining an inner opening adapted to receive the end of the brush/brush holder assembly and including at least one gaseous chamber, a collection opening, a suction duct, and wherein said collection opening is bordered by at least one lip extending from the gaseous chamber in the direction of the inner opening so as to form a narrow corridor.
Auzolle (US 2016/0279682) discloses an assembly for the suction of dust comprising a suction device and a brush/brush holder assembly, said suction device defining an inner opening adapted to receive the end of the brush/brush holder assembly and including at least two suction ducts, a gaseous chamber, and a collection opening.
THIS ACTION IS MADE FINAL. 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 SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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, Brian Keller can be reached at (571)272-8548. 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.
/SIDNEY D FULL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
Prosecution Insights