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 .
Restriction
1. Applicant’s election without traverse of Group I in the reply filed on February 13, 2026 is acknowledged. Claims 11-20 are withdrawn from consideration.
Claim Interpretation
2. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations 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 is: the mounting portion being configured for connecting with the cleaning component in independent claim 1 line 5, according to the specification at page 6 lines 5-10 an insertion slot is arranged on the cleaning component 300 and the end of mounting portion 21 is detachably inserted into the insertion slot and other embodiments, a first magnetic suction member is provided on one of the mounting portion 21 and the cleaning component 300, a second magnetic suction member magnetically with the first magnetic suction member is provided on the other one of the mounting portion 21 and the cleaning component 300.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this limitations 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 to avoid it 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 recites sufficient structure to perform the claimed function so as to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim limitation the mounting portion being configured for connecting with the cleaning component in independent claim 1 line 5 has been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive since it is not clear whether the mounting portion. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it is not clear whether the mounting portion is an end inserted into the cleaning component or a magnetic suction member corresponding with another magnetic suction member with the cleaning component. Additionally, it is not clear whether the cleaning component is required in the claim since language implies that the mounting portion is adapted to connect to the cleaning component as opposed to actually claiming the cleaning component. However, if the mounting portion is a first magnetic member or a second magnetic member that is matched with the cleaning member then, the cleaning member is required per se. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In response to this rejection, applicant must clarify whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Mere assertion regarding applicant’s intent to invoke or not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph is insufficient. Applicant may:
(a) Amend the claim to clearly invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by reciting “means” or a generic placeholder for means, or by reciting “step.” The “means,” generic placeholder, or “step” must be modified by functional language, and must not be modified by sufficient structure, material, or acts for performing the claimed function;
(b) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, should apply because the claim limitation recites a function to be performed and does not recite sufficient structure, material, or acts to perform that function;
(c) Amend the claim to clearly avoid invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by deleting the function or by reciting sufficient structure, material or acts to perform the recited function; or
(d) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, does not apply because the limitation does not recite a function or does recite a function along with sufficient structure, material or acts to perform that function.
Allowable Subject Matter
3. Claims 1-10 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The closest prior art of record is U.S. Patent Publication (2021/0030229) to Jang et al. Jang et al. discloses a cleaner (1) and mop module (40) that includes a mops (41a, 41b) (See paragraphs [0088]-[0089]). Additionally, a sweep module (2000) and the mop module (40) having a driving unit (2300) that transmits force to the driving coupling to the agitator (2200). However, Jang et al. is silent regarding “….a transmission assembly, respectively connected to an output end of the drive motor and the rotating shaft, to transfer a power of the drive motor to the rotating shaft; and a traction member, threaded to the lifting drive portion; wherein when the rotating shaft is rotated in a first rotation direction driven by the drive motor, the lifting drive portion rotates relative to the traction member and moves in a direction that approaches the mounting portion; and when the rotating shaft is rotated in a second rotation direction opposite to the first rotation direction driven by the drive motor, the lifting drive portion rotates relative to the traction member and moves in a direction away from the mounting portion”, as required in independent claim 1.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D. JENNINGS whose telephone number is (571)270-1536. The examiner can normally be reached M-F 8-4:30pm. EST.
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MICHAEL DEANGILO. JENNINGS
Examiner
Art Unit 3723
/MICHAEL D JENNINGS/Primary Examiner, Art Unit 3723