DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“attachment connection member” in claim 10.
“connection feature” in claim 14, line 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 and 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, lines 7-8 and claim 11, lines 13-14 recites “to selectively remove . . . the body” twice consecutively, making the meaning of the claim unclear.
Claims 2-10, 12-17, and 21 are rejected for depending on claims 1 and 11.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5-7, 10, 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conrad (US 2010/0229335).
As to claim 1, Conrad includes a vacuum cleaner assembly comprising:
a body (160) extending along an axis (A horizontal line, from the perspective of Fig. 9, extending through inlet 118) to a base connection end (167) that includes a protrusion (175);
a handle (102) extending from the body opposite the base connection end (The right end of 102, from the perspective of Fig. 9, extends out of 160 at a location opposite of 167);
a dust collection portion (101) including a body connection end (The end at 173) that includes a track (The horizontal portion of 173, from the perspective of Fig. 9) with a lock passage (The vertical portion of 173, from the perspective of Fig. 9) extending perpendicularly from the track; and
wherein the protrusion is in the lock passage (para 77) in a locked position (The position seen in Fig. 1) and in the track in an unlocked position (The position seen in Fig. 9) to selectively remove the dust collection portion from the body (Fig. 1 and 9, and para 77).
As to claim 2, wherein the track extends perpendicularly to the axis (Fig. 9).
As to claim 3, wherein the base connection end includes a plurality of protrusions and the body connection end includes a plurality of tracks and lock passages (Fig. 9).
As to claim 5, wherein the handle extends from the body at an angle transverse to the axis (The handle extends vertically upward; Fig. 6).
As to claim 6, wherein the dust collection portion includes a base (The outer housing of 101) connected to the body and a nozzle (112) extending from the base opposite the body (Fig. 1).
As to claim 7, wherein the base defines (includes) the body connection end (Fig. 9).
As to claim 10, wherein the nozzle includes an attachment connection member (128) for connecting at least one attachment (128 is able to connect to an attachment sized properly; Fig. 7).
As to claim 11, Conrad includes a vacuum cleaner assembly comprising:
a body (160) extending along an axis (A horizontal line, from the perspective of Fig. 9, extending through inlet 118) to a base connection end (167) that includes a protrusion (175);
a handle (102) extending from the body opposite the base connection end (The right end of 102, from the perspective of Fig. 9, extends out of 160 at a location opposite of 167);
a dust collection portion (101) extending between a body connection end (The end at 173) that includes a track (The horizontal portion of 173, from the perspective of Fig. 9) with a lock passage (The vertical portion of 173, from the perspective of Fig. 9) extending perpendicularly from the track for selective attachment to the base connection end and a nozzle (112; para 38) [Fig. 1 and 9, and para 77];
a motor (164) and an impeller (121) driven by the motor are located in the body for creating
suction (para 62);
a dust collection cavity (124; para 40) defined inside of the dust collection portion and a filter (162; para 68) located between the dust collection portion and the impeller (162 is between 101 and 164); and
the nozzle defining a nozzle face (The face at inlet 118 of 112) sized for connecting to at least one attachment (A nozzle is capable of insertion into inlet 118 if the nozzle were sized properly); and
wherein the protrusion is in the lock passage (para 77) in a locked position (The position seen in Fig. 1) and in the track in an unlocked position (The position seen in Fig. 9) to selectively remove the dust collection portion from the body (Fig. 1 and 9, and para 77).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 2010/0229335).
As to claim 4, wherein the base connection end includes three diametrically opposed protrusions and the body connection end includes three equally spaced tracks and lock passages (Each 173 has equal spacing; Fig. 7b). Also, it would have been obvious to equally space them in order to equalize the force exerted on them, thereby minimizing breakage.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 2010/0229335) in view of Warren (US 2017/0296007).
As to claim 21, Conrad does not include a user interface having a button region, and a control unit configured to apply different vacuum strengths based on at least one functional sequence of activating the button region.
Warren includes a vacuum cleaner assembly comprising a user interface (44) having a button region (“user input”, which would be a button, via 44 controls vacuum strength; para 68), and a control unit (36) configured to apply different vacuum strengths (high power and low power of motor 24 that powers fan 28, as seen in paragraph 65) based on at least one functional sequence of activating the button region (A sequence of button pressing would happen; para 68).
It would have been obvious to modify Conrad to include a user interface having a button region, and a control unit configured to apply different vacuum strengths based on at least one functional sequence of activating the button region, as taught by Warren, in order to permit the vacuum cleaner to clean every type of fabric.
Allowable Subject Matter
Claims 8-9 and 12-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica S. Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW A HORTON/Primary Examiner, Art Unit 3723
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