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 12/23/2025. Claims 1-28 are pending. The previously filed specification objection (e.g. abstract objection ) and claim objections have been withdrawn. The 35 USC 112(f) claim interpretations have been updated, as necessitated by the amendments. Lastly, the previously filed 35 USC 112(b) rejections have been withdrawn, as necessitated by the amendments.
Claim Objections
Claims 4-6, 12, 15, and 22 are objected to because of the following antecedent basis informalities:
Claims 4-5, ll. 1, consider amending to, --The floor cleaning device of claim 1, wherein said each
Claim 6, ll. 1, consider amending to, --The floor cleaning device of claim 5, wherein said each
Claim 12, ll. 2, consider amending to, --locking mechanism locking each said
Claim 15, ll. 11, consider amending to, --engaging and cleaning unit in place on the rail of the vacuum head.--
Claim 22, ll. 3, consider amending to, --extending lip of the channel therein.--
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) are:
“a locking mechanism locking the floor engaging and cleaning units in place on the rail of the vacuum head” in claim 12.
“a manually actuated locking mechanism locking the floor engaging and cleaning unit in place on the rail of the vacuum head” in claim 15.
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.
Fig. 4, pp. [37-39], discloses the sufficient structure for “a locking mechanism” is a plunger mechanism comprising a spring biased pin or equivalent 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 § 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 1-9 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Gurstein (US Patent No. 5,001,806) in view of Knight (US Patent No. 4,161,802).
Regarding claim 1, Gurstein (US Patent No. 5,001,806) discloses a floor cleaning device (item 100; figs. 1-4), comprising:
a vacuum head (item 120; figs. 1-3) having a fluid inlet (item 141; col. 2, ll. 63-68; figs. 2-3) at a first end (designated in annotated fig. 2 below) thereof, a fluid outlet (designated in annotated fig. 2 below) at a second end (designated in annotated fig. 2 below) thereof generally opposite the first end (first and second ends are on opposing ends of vacuum head 120, i.e. opposing left and right ends of head 120 in view of fig. 2), the fluid outlet being in fluid communication with the fluid inlet (defined by arrowed pathway in view of fig. 2), the fluid outlet attachable to an end of a hollow cleaning wand (item 110; figs. 1-3) capable of being coupled to a vacuum source (col. 2, ll. 24-29), and a rail (designated in annotated fig. 3 below) extending from the vacuum head (figs. 2-3); and
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Annotated Fig. 3.
a plurality of floor engaging and cleaning unit (includes items 200, 300, 400; figs. 4-9) each of differing configurations (figs. 4-9, each cleaning unit is a different size and/or shape), each floor engaging and cleaning unit configured to be detachably connected to the rail (via items 242, 244, 342, 344, 442, 444; figs. 4-9), each floor engaging and cleaning unit having a fluid inlet (each unit 200, 300, 400 includes an inlet for suctioned airflow to pass through; figs. 5, 7, and 9) in fluid communication with the vacuum head fluid inlet when attached to the rail (defined as arrowed pathway in view of fig. 2), wherein the plurality of floor engaging and cleaning units comprise a carpet cleaning unit (item 200; figs. 4-5), a water extraction unit (item 300; figs. 6-7) and a hard surface cleaning unit (item 400; figs. 8-9), whereby differing floor engaging units may be selectively detachably connected to the vacuum head (col. 3, ll. 11-22).
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Annotated Fig. 2.
Gurstein does not explicitly disclose wherein each floor engaging and cleaning unit is configured to be locked in place on the rail. However, Knight (US Patent No. 4,161,802) teaches a cleaning device comprising a vacuum head (item 10; fig. 3) capable of being coupled to a vacuum source (fig. 1), wherein a plurality of floor engaging and cleaning units (items 30, 47; fig. 3) are configured to be selectively detachable to a rail (item 28; fig. 3) of the vacuum head, and wherein each floor engaging and cleaning unit are configured to be locked in place on the rail (via spring pins 43, 44 on rail engaging into apertures 45, 46 on each cleaning unit (col. 44, ll. 59-68 through col. 5, ll. 1).
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 floor cleaning device, as disclosed in Gurstein, to include a spring-biased ball on the rail and corresponding aperture on each floor engaging and cleaning unit, as taught in Knight, in order to provide a locking of the engaging and cleaning unit on the vacuum head while still allowing the units to be manually removed and inserted with very little force (Knight; col. 5, ll. 3-14).
Regarding claim 2, Gurstein as modified discloses the floor cleaning device as claimed in claim 1. The recitation of “the rail is rotationally molded with the vacuum head” is considered to be a product-by-process limitation. MPEP 2113 clearly states “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In this instance, the product disclosed by Gurstein is the same as or makes the product claimed obvious (e.g. the vacuum head is molded as an integral piece with the elongated rail), meeting the limitation of the claim.
Regarding claim 3, Gurstein as modified discloses the floor cleaning device as claimed in claim 1, wherein the rail at least partially defines the fluid inlet of the vacuum head (rail is defined as outermost edge of vacuum head and therefore, defines at least partially the outermost portion of the fluid inlet; figs. 1-3).
Regarding claim 4, Gurstein as modified discloses the floor cleaning device as claimed in claim 1, wherein each said floor engaging and cleaning unit has a portion (items 242, 244 of carpet cleaning unit 200; items 342, 344 of water extraction unit 300; items 442, 444 on hard surface cleaning unit 400; figs. 4-9) that mates with the rail of the vacuum head (col. 3, ll. 33-48).
Regarding claim 5, Gurstein as modified discloses the floor cleaning device as claimed in claim 1, wherein each said floor engaging and cleaning unit is slidably connected to the rail (each floor engaging and cleaning unit 200, 300, 400 include items 242, 244, 342, 344, 442, 444 to facilitate a sliding connection or disconnection from the elongated rail; col. 3, ll. 6-11).
Regarding claim 6, Gurstein as modified discloses the floor cleaning device as claimed in claim 5, wherein the floor engaging and cleaning unit comprises an open-ended (designated in annotated figs. 5, 7, and 9 below; floor engaging and cleaning unit 200, 300, 400 are open-ended on the left end of the channel) and open-faced channel (open-faced channel defined as open on both ends along longitudinal length of units 200, 300, 400; i.e. open-faces(s) of each unit facing the user in annotated figs. 5, 7, and 9 below) into which the rail is slidingly received (col. 3, ll. 33-48).
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Annotated Fig. 5.
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Annotated Fig. 7.
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Annotated Fig. 9.
Regarding claim 7, Gurstein as modified discloses the floor cleaning device as claimed in claim 6, wherein the channel includes at least one inwardly extending lip (upper portion of channel includes at least one inwardly extending lip 242, 342, 442; as designated in annotated figs. 5, 7, and 9 above).
Regarding claim 8, Gurstein as modified discloses the floor cleaning device as claimed in claim 7, wherein the rail defines at least one elongated slot (item 142; figs. 1-4) that receives the at least one lip of the channel therein (each lip 242, 342, 442 of the floor engaging and cleaning unit 200, 300, 400 is received within elongated slot 142 when interchanged on the vacuum head 120; col. 3, ll. 28-48).
Regarding claim 9, Gurstein as modified discloses the floor cleaning device as claimed in claim as claimed in claim 1, wherein the fluid inlet of the carpet cleaning unit (item 200 of the floor engaging and cleaning unit; figs. 4-5) comprises an elongated fluid inlet (designated by gray highlighted region in annotated fig. 4 below; fluid inlet is elongated along longitudinal length of carpet cleaning unit 200).
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Annotated Fig. 4.
Regarding claim 12, Gurstein as modified discloses the floor cleaning device as claimed in claim 1, including a locking mechanism (Knight; includes spring-biased ball 43, 44 on rail received in corresponding apertures 45, 46 on each floor engaging and cleaning unit) locking said each floor engaging and cleaning unit in place on the rail of the vacuum head (col. 4, ll. 59 through col. 5, ll. 15 of Knight).
Regarding claim 13, Gurstein as modified discloses the floor cleaning device as claimed in claim 12, wherein the locking mechanism is manually actuated (Knight; col. 5, ll. 1-3).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gurstein (US Patent No. 5,001,806) in view of Knight (US Patent No. 4,161,802) and further in view of Stuthers (US 2007/0074369).
Regarding claim 10, Gurstein as modified discloses the floor cleaning device as claimed in claim 1. Though Gurstein appears to disclose wherein the water extraction unit includes a squeegee (item 335 of water extraction unit 300, fig. 7), it is not explicitly disclosed this extension portion is a squeegee (pp. 46 in instant disclosure, squeegee member is comprised of an appropriate material, such as rubber or the like, so as to move the water or other fluid across the surface).
However, Stuthers (US 2007/0074369) teaches an analogous water extraction unit (item 120; figs. 5-13) configured to be detachably connected to a vacuum head (item 38; fig. 13) and vacuum hose (item 36; fig. 13), wherein the water extraction unit includes a squeegee (item 134; fig. 13).
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 water extraction unit with skirt extension, as disclosed in Gurstein, to include a squeegee element, as taught in Stuthers, to facilitate better pickup of dirty solution from hard surfaced floors (pp. [0007] in Stuthers).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gurstein (US Patent No. 5,001,806) in view of Knight (US Patent No. 4,161,802) and further in view of Williams (US Patent No. 4,597,124).
Regarding claim 11, Gurstein as modified discloses the floor cleaning device as claimed in claim 1, but does not disclose wherein the hard surface cleaning unit includes a scrubbing brush. However, Williams (US Patent No. 4,597,125) teaches a vacuum head (item 40; figs. 1-2) for cleaning upholstery or the like, wherein the vacuum head includes a scrubbing brush (item 60; figs. 1-2).
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 hard surface cleaning unit, as disclosed in Gurstein, to include a scrubbing brush, as taught in Williams, in order to loosen dirt and debris and to aid in cleaning (Williams; col. 2, ll. 17-19).
Claims 14-24 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Gurstein (US Patent No. 5,001,806) in view of Knight (US Patent No. 4,161,802) and further in view of Gilcrest (US Patent No. 5,479,674).
Regarding claim 14, Gurstein as modified discloses the floor cleaning device as claimed in claim 12. Though Gurstein as modified by Knight discloses the locking mechanism comprising a plunger mechanism comprising a spring-biased ball (items 43, 44, fig. 3 in Knight) extendible into a corresponding aligned aperture of each floor engaging and cleaning unit (Knight; apertures 45, 46; fig. 4), Knight does not explicitly disclose a plunger mechanism comprising a spring-biased pin extendible into a corresponding aligned aperture on the units.
However, Gilcrest (US Patent No. 5,479,674) teaches a variety of cleaning elements (items 12; fig. 1) slidably received along a rail (item 60; fig. 1) of a base (item 14; fig. 1), analogous to the slidably receiving mechanism of the floor and engaging cleaning units on the vacuum head disclosed in Gurstein, to interchange the cleaning elements as desired (col. 6, ll. 62-64), wherein an additional locking mechanism (item 64; figs. 1-3) is included on the base that securely connects the cleaning elements and the rail, analogous to the locking mechanism in Knight to lock each unit into plate, wherein the locking mechanism comprises a plunger mechanism (item 64 is a bullet catch mechanism, i.e. plunger controlled via spring) associated with the vacuum head (plunger 64 is disposed on base, corresponding to vacuum head in Gurstein) and comprising a spring biased pin (Gilcrest; col. 4, ll. 8-11) extending into a corresponding aligned aperture (Gilcrest; item 66 on interchangeable cleaning elements 12; col. 4, ll. 14-19).
Both Knight and Gilcrest disclose locking mechanisms comprising a plunger mechanism with spring-biased component. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the spring-biased ball, as modified in from Knight, with the spring-biased plunger, as taught in Gilcrest, to achieve the predictable result of securing interchangeable floor engaging and cleaning units and facilitating the insertion and removal of the floor engaging and cleaning units.
Regarding claim 15, Gurstein (US Patent No. 5,001,806) discloses a floor cleaning device (item 100; figs. 1-4), comprising:
a vacuum head (item 120; figs. 1-3) having a fluid inlet (item 141; col. 2, ll. 63-68; figs. 2-3) at a first end (designated in annotated fig. 2 above) thereof, a fluid outlet (designated in annotated fig. 2 above) at a second end (designated in annotated fig. 2 above) thereof generally opposite the first end (first and second ends are on opposing ends of vacuum head 120, i.e. opposing left and right ends of head 120 in view of fig. 2), the fluid outlet being in fluid communication with the fluid inlet (defined by arrowed pathway in view of fig. 2), the fluid outlet attachable to an end of a hollow cleaning wand (item 110; figs. 1-3) capable of being coupled to a vacuum source (col. 2, ll. 24-29), and a rail (designated in annotated fig. 3 above) extending from the vacuum head (figs. 2-3);
a floor engaging and cleaning unit (includes items 200, 300, 400; figs. 4-9; similar to applicant’s disclosure in which floor engaging and cleaning unit includes at least two separate attachable units) detachably connected to the rail (via items 242, 244, 342, 344, 442, 444; figs. 4-9), the floor engaging and cleaning unit having a fluid inlet (defined as opening, i.e. at lower edge of unit 200, 300, 400 to fluidly couple the suctioned air from floor engaging and cleaning unit into fluid inlet of vacuum head) in fluid communication with the vacuum head fluid inlet (defined as airflow in fig. 2).
Gurstein does not explicitly disclose a manually actuated locking mechanism locking the floor engaging and cleaning unit in place on rail of the vacuum head.
However, Gilcrest (US Patent No. 5,479,674) teaches a variety of cleaning elements (items 12; fig. 1) slidably received along an elongated rail (item 60; fig. 1) of a base (item 14; fig. 1), analogous to the slidably receiving mechanism of the floor and engaging cleaning units on the elongated rail of the vacuum head disclosed in Gurstein, to interchange the cleaning elements as desired (col. 6, ll. 62-64), wherein an additional locking mechanism (item 64; figs. 1-3) is included on the base that securely connects the cleaning elements and the elongated rail (locking mechanism 64 secures interchangeable cleaning elements 12 and the elongated rail together), and wherein the locking mechanism is manually actuated (user manually activates locking mechanism to release via pulling force on cleaning elements to slide along rail (col. 4, ll. 16-24).
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 floor cleaning device, as disclosed in Gurstein, to further include a manually actuated locking mechanism, as taught in Gilcrest, in order to aid in securing the interchangeable floor engaging and cleaning units to the elongated rail of the vacuum head (Gilcrest; col. 4, ll. 10-11), while also facilitating the insertion and removal of the floor engaging and cleaning units (Gilcrest; col. 4, ll. 20-24).
Regarding claim 16, Gurstein as modified discloses the floor cleaning device as claimed in claim 15. The recitation of “the rail is rotationally molded with the vacuum head” is considered to be a product-by-process limitation. MPEP 2113 clearly states “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In this instance, the product disclosed by Gurstein is the same as or makes the product claimed obvious (e.g. the vacuum head is molded as an integral piece with the elongated rail), meeting the limitation of the claim.
Regarding claim 17, Gurstein as modified discloses the floor cleaning device as claimed in claim 15, wherein the rail at least partially defines the fluid inlet of the vacuum head (elongated rail is defined as outermost edge of vacuum head and therefore, defines at least partially the outermost portion of the fluid inlet; figs. 1-3).
Regarding claim 18, Gurstein as modified discloses the floor cleaning device as claimed in claim 15, wherein the floor engaging and cleaning unit has a portion (items 242, 244 of item 200; items 342, 344 of item 300; items 442, 444 on item 400; figs. 4-9) that mates with the rail of the vacuum head (col. 3, ll. 33-48).
Regarding claim 19, Gurstein as modified discloses the floor cleaning device as claimed in claim 15, wherein the floor engaging and cleaning unit is slidably connected to the rail (the floor engaging and cleaning unit 200, 300, 400 include items 242, 244, 342, 344, 442, 444 to facilitate a sliding connection or disconnection from the elongated rail; col. 3, ll. 6-11).
Regarding claim 20, Gurstein as modified discloses the floor cleaning device as claimed in claim 19, wherein the floor engaging and cleaning unit comprises an open-ended (designated in annotated figs. 5, 7, and 9 above; floor engaging and cleaning unit 200, 300, 400 are open-ended on the left end of the channel in view of figs. 5, 7, and 9) and open-faced channel (open-faced channel defined as open on both ends along longitudinal length of units 200, 300, 400; i.e. open-faces(s) of each unit facing the user in annotated figs. 5, 7, and 9 above) into which the rail is slidingly received (col. 3, ll. 33-48).
Regarding claim 21, Gurstein as modified discloses the floor cleaning device as claimed in claim 20, wherein the channel includes at least one inwardly extending lip (upper portion of channel includes at least one inwardly extending lip 242, 342, 442; as designated in annotated figs. 5, 7, and 9 above).
Regarding claim 22, Gurstein as modified discloses the floor cleaning device as claimed in claim 21, wherein the rail defines at least one elongated slot (item 142; figs. 1-4) that receives the at least one inwardly lip of the channel therein (each lip 242, 342, 442 of the floor engaging and cleaning unit 200, 300, 400 is received within elongated slot 142 when interchanged on the vacuum head 120; col. 3, ll. 28-48).
Regarding claim 23, Gurstein as modified discloses the floor cleaning device as claimed in claim 15, wherein the floor engaging and cleaning unit is selected from a plurality of floor engaging and cleaning units of differing configurations (units 200, 300, 400 are shaped and/or sized differently; figs. 4-9), comprising a carpet cleaning unit (item 200; figs. 4-5), a water extraction unit (item 300; figs. 6-7) and a hard surface cleaning unit (item 400; figs. 8-9), whereby differing floor engaging and cleaning units may be selectively detachably connected to the vacuum head (col. 3, ll. 11-22).
Regarding claim 24, Gurstein as modified discloses the floor cleaning device as claimed in claim 23, wherein the fluid inlet of the carpet cleaning unit (item 200 of the floor engaging and cleaning unit; figs. 4-5) comprises an elongated fluid inlet (designated by gray highlighted region in annotated fig. 4 above; fluid inlet is elongated along longitudinal length of carpet cleaning unit 200).
Regarding claim 27, Gurstein as modified discloses the floor cleaning device as claimed in claim 15, wherein the manually actuated locking mechanism comprises a plunger mechanism (Gilcrest; item 64 is a bullet catch mechanism, i.e. plunger controlled via spring) associated with the vacuum head (plunger 64 is disposed on base, corresponding to vacuum head in Gurstein) and comprising a spring biased pin (Gilcrest; col. 4, ll. 8-11) extending into a corresponding aligned aperture (Gilcrest; item 66 on interchangeable cleaning elements 12; col. 4, ll. 14-19; corresponding to aligned apertures on floor engaging and cleaning unit 200, 300, 400 of Gurstein) of the floor engaging and cleaning unit.
Regarding claim 28, Gurstein (US Patent No. 5,001,806) discloses a floor cleaning device (item 100; figs. 1-4), comprising:
a vacuum head (item 120; figs. 1-3) having a fluid inlet (item 141; col. 2, ll. 63-68; figs. 2-3) at a first end (designated in annotated fig. 2 above) thereof, a fluid outlet (designated in annotated fig. 2 above) at a second end (designated in annotated fig. 2 above) thereof generally opposite the first end (first and second ends are on opposing ends of vacuum head 120, i.e. opposing left and right ends of head 120 in view of fig. 2), the fluid outlet being in fluid communication with the fluid inlet (defined by arrowed pathway in view of fig. 2), the fluid outlet attachable to an end of a hollow cleaning wand (item 110; figs. 1-3) capable of being coupled to a vacuum source (col. 2, ll. 24-29), and a rail (designated in annotated fig. 3 above) extending from the vacuum head (figs. 2-3); and
a floor engaging and cleaning unit (includes items 200, 300, 400; figs. 4-9; similar to applicant’s disclosure in which floor engaging and cleaning unit includes at least two separate attachable units) detachably connected to the rail (via items 242, 244, 342, 344, 442, 444; figs. 4-9), the floor engaging and cleaning unit having a fluid inlet (defined as opening, i.e. at lower edge of unit 200, 300, 400 to fluidly couple the suctioned air from floor engaging and cleaning unit into fluid inlet of vacuum head) in fluid communication with the vacuum head fluid inlet (defined as airflow in fig. 2),
wherein the floor engaging and cleaning unit is selected from a plurality of floor engaging and cleaning units of differing configurations (units 200, 300, 400 are shaped and/or sized differently; figs. 4-9), comprising a carpet cleaning unit (item 200; figs. 4-5), a water extraction unit (item 300; figs. 6-7) and a hard surface cleaning unit (item 400; figs. 8-9), whereby differing floor engaging and cleaning units may be selectively detachably connected to the vacuum head (col. 3, ll. 11-22).
Gurstein does not explicitly disclose a manually actuated locking mechanism locking the floor engaging and cleaning unit in place on rail of the vacuum head. However, Knight (US Patent No. 4,161,802) teaches a cleaning device comprising a vacuum head (item 10; fig. 3) capable of being coupled to a vacuum source (fig. 1), wherein a plurality of floor engaging and cleaning units (items 30, 47; fig. 3) are configured to be selectively detachable to a rail (item 28; fig. 3) of the vacuum head, and wherein each floor engaging and cleaning unit are configured to be locked in place on the rail via a locking mechanism (via spring pins 43, 44 on rail engaging into apertures 45, 46 on each cleaning unit (col. 44, ll. 59-68 through col. 5, ll. 1), and wherein the locking mechanism is manually actuated (col. 5, ll. 1-3).
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 floor cleaning device, as disclosed in Gurstein, to include a manually actuated locking mechanism, as taught in Knight, in order to provide a locking of the engaging and cleaning unit on the vacuum head while still allowing the units to be manually removed and inserted with very little force (Knight; col. 5, ll. 3-14).
Further, though Gurstein as modified by Knight discloses the locking mechanism comprising a plunger mechanism comprising a spring-biased ball (items 43, 44, fig. 3 in Knight) extendible into a corresponding aligned aperture of each floor engaging and cleaning unit (Knight; apertures 45, 46; fig. 4), Knight does not explicitly disclose a plunger mechanism comprising a spring-biased pin extendible into a corresponding aligned aperture on the units.
However, Gilcrest (US Patent No. 5,479,674) teaches a variety of cleaning elements (items 12; fig. 1) slidably received along a rail (item 60; fig. 1) of a base (item 14; fig. 1), analogous to the slidably receiving mechanism of the floor and engaging cleaning units on the vacuum head disclosed in Gurstein, to interchange the cleaning elements as desired (col. 6, ll. 62-64), wherein an additional locking mechanism (item 64; figs. 1-3) is included on the base that securely connects the cleaning elements and the rail, analogous to the locking mechanism in Knight to lock each unit into plate, wherein the locking mechanism comprises a plunger mechanism (item 64 is a bullet catch mechanism, i.e. plunger controlled via spring) associated with the vacuum head (plunger 64 is disposed on base, corresponding to vacuum head in Gurstein) and comprising a spring biased pin (Gilcrest; col. 4, ll. 8-11) extending into a corresponding aligned aperture (Gilcrest; item 66 on interchangeable cleaning elements 12; col. 4, ll. 14-19).
Both Knight and Gilcrest disclose locking mechanisms comprising a plunger mechanism with spring-biased component. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the spring-biased ball, as modified in from Knight, with the spring-biased plunger, as taught in Gilcrest, to achieve the predictable result of securing interchangeable floor engaging and cleaning units and facilitating the insertion and removal of the floor engaging and cleaning units.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Gurstein (US Patent No. 5,001,806) in view of Gilcrest (US Patent No. 5,479,674) and further in view of Stuthers (US 2007/0074369).
Regarding claim 25, Gurstein as modified discloses the floor cleaning device as claimed in claim 23. Though Gurstein appears to disclose wherein the water extraction unit includes a squeegee (item 335 of water extraction unit 300, fig. 7), it is not explicitly disclosed this extension portion is a squeegee (pp. 46 in instant disclosure, squeegee member is comprised of an appropriate material, such as rubber or the like, so as to move the water or other fluid across the surface).
However, Stuthers (US 2007/0074369) teaches an analogous water extraction unit (item 120; figs. 5-13) configured to be detachably connected to a vacuum head (item 38; fig. 13) and vacuum hose (item 36; fig. 13), wherein the water extraction unit includes a squeegee (item 134; fig. 13).
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 water extraction unit with skirt extension, as disclosed in Gurstein, to include a squeegee element, as taught in Stuthers, to facilitate better pickup of dirty solution from hard surfaced floors (pp. [0007] in Stuthers).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Gurstein (US Patent No. 5,001,806) in view of Gilcrest (US Patent No. 5,479,674) and further in view of Williams (US Patent No. 4,597,124).
Regarding claim 26, Gurstein as modified discloses the floor cleaning device as claimed in claim 23, but does not disclose wherein the hard surface cleaning unit includes a scrubbing brush. However, Williams (US Patent No. 4,597,125) teaches a vacuum head (item 40; figs. 1-2) for cleaning upholstery or the like, wherein the vacuum head includes a scrubbing brush (item 60; figs. 1-2).
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 hard surface cleaning unit, as disclosed in Gurstein, to include a scrubbing brush, as taught in Williams, in order to loosen dirt and debris and to aid in cleaning (Williams; col. 2, ll. 17-19).
Response to Arguments
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive.
First, the applicant argues, Gurstein (the primary art of reference) does not “disclose that its cleaning head attachments comprise a carpet cleaning unit, a water extraction unit, and a hard surface cleaning unit” (p. 10-11 of Remarks). However, the Examiner respectfully disagrees. The recitations “carpet cleaning,” “water extraction”, and “hard surface cleaning” are recitations of the intended use of the claimed units and therefore, a recitation of the intended use of the claim 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. Therefore, the primary reference, Gurstein (US Patent No. 5,001,806), remains in place for each independent claim. The Examiner notes a new grounds of the rejection is made in view of Gurstein (US Patent No. 5,001,806) in view of Knight (US Patent No. 4,161,802) for independent claim 1, as necessitated by the amendments.
Second, regarding claim 15 of Gurstein modified by Gilcrest (US Patent No. 5,479,674), the applicant “believes that impermissible hindsight was used in reconstructing references in an attempt to reject the claims of the present application” and the “Examiner must show how the combination of references is supposed to work, with a clear, evidence-supported account of the contemplated workings of the combination as a prerequisite to adequately explaining and supporting a conclusion that a relevant skilled artisan would have been motivated to make the combination and reasonably expects success in doing so” (p. 11-12 of Remarks). However, the Examiner respectfully disagrees.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning (applicant “believes that impermissible hindsight was used in reconstructing references in an attempt to reject the claims of the present application” in p. 11-12 of Remarks), it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper (see MPEP 2145). The teachings of Gilcrest disclose the structure of a manually actuated locking mechanism comprising a spring-biased pin extendible into a corresponding aligned aperture in order to help or assist in securing the detachable unit, analogous to the detachably slidably units in Gurstein (the primary reference of record), within the rail while also facilitating insertion and removal of the unit(s), as stated directly in Gilcrest (col. 4, ll. 19-23). The combination of these teachings thereby, disclose the structure of a manually actuated locking mechanism to lock the detachable units onto the vacuum head.
Further, in response to applicant’s argument that “Examiner must show how the combination of references is supposed to work, with a clear, evidence-supported account of the contemplated workings of the combination as a prerequisite to adequately explaining and supporting a conclusion that a relevant skilled artisan would have been motivated to make the combination and reasonably expects success in doing so” (p. 12-13 of Remarks), the Examiner respectfully disagrees. A person of ordinary skill in the art is also a person of ordinary creativity, not an automation and in many cases a person of ordinary skill will be able to fit teachings of multiple patents together like pieces of a puzzle (refer to MPEP 2143.03). Therefore, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested to any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art (please refer to MPEP 2141 and 2143.01). For this reason, the rejection involving the combination Gurstein (US Patent No. 5,001,806) in view of Gilcrest (US Patent No. 5,479,674), for claim 15, remains in place.
Lastly, in response to 35 U.S.C. 112(f), applicant argues the newly amended claim language to a “locking mechanism” in claims 12 and 15 do not invoke 35 U.S.C. 112(f), see p. 9 of Remarks, filed on 12/23/2025. However, the argument is not persuasive because applicant did not amend the claim to add structure, material, or acts that are sufficient to perform the claimed function; or present a sufficient showing that the claim limitation recites sufficient structure, material, or acts for performing the claimed function (please refer to MPEP 2181). Therefore, the Examiner’s interpretation under 35 U.S.C. 112(f) from Non-Final Rejection is updated (see above) but mainly, remains in place.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Powers (US 2011/0308034) discloses a floor cleaning device comprising a vacuum head, a plurality of floor engaging and cleaning units selectively detachably connected to the vacuum head, and a locking mechanism to lock the units in place on the vacuum head.
Yoo (US Patent No. 11,083,910) discloses a floor cleaning device comprising a vacuum head, a plurality of floor engaging and cleaning units detachably connected to the vacuum head, and a manually actuated locking mechanism for locking the units in place within the vacuum head.
Pereira (US 2019/0124885) discloses a floor cleaning device comprising a vacuum head, a floor engaging and cleaning unit detachably connected to the vacuum head, and a manually actuated locking mechanism on the vacuum head to lock the unit in place on a rail of the vacuum head.
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 SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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/SIDNEY D FULL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723