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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-10 and newly added claims 21-25 in the reply filed on 11/24/25 is acknowledged and made final.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 and 7-9 is/are rejected under 35 U.S.C. 102 (a)(1) or (a)(2) as being anticipated by JP2008080012A issued to Morishita et al.
Regarding Claim 1, where Applicant seeks a surface cleaning material, comprising: a base structure comprising at least one base material; and a plurality of fibers woven into the base structure such that a first end, a second end, and a middle portion of each of the plurality of first fibers form a W-shape with the first and second ends of each of the plurality of first fibers being positioned a distance from a surface of the base structure; Applicant is directed to Morishita et al., who teach a surface cleaning material in the form of a fabric [¶ 1]. The cleaning cloth is made from at least one base structure which can be a woven fabric (1 (warp), 2 (weft)) with a plurality of cut fibers or plies (3, 4) made from monofilaments. These fibers/plies are woven into the base woven material and project from both ends. [¶ 7, 14-17 and description of Figure 1].
The woven base structure has a first end, a second end, and a middle portion of each of the plurality of first fibers. They form a “W” shape [¶ 14 and figure 1] with the first and second ends of each of the plurality of the first fibers and are positioned at a distance from a surface of the base structure.
Regarding Claim 2, where Applicant seeks that the surface cleaning material of claim 1, wherein the plurality of fibers comprises a plurality of first fibers and a plurality of second fibers, the plurality of second fibers having a stiffness that is greater than a stiffness of the plurality of first fibers; Applicant is directed to ¶ 17, where the instant reference teaches that the monofilaments have a stiffness and said stiffness can be adjusted by fineness of the weft. The weft serves as the second fibers
Regarding Claim 3, where Applicant seeks that the surface cleaning material of claim 1, wherein the plurality of fibers are woven into the base structure in rows extending along a length of the base structure; Applicant is directed to ¶ 14, where the instant reference describes figure 1, which shows the rows, holes and the gaps.
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Regarding Claim 4, where Applicant seeks that the surface cleaning material of claim 3, wherein a plurality of gaps are defined between each of the rows; Applicant is directed to rationale set forth for claim 3 above.
Regarding Claim 7, where Applicant seeks that the surface cleaning material of claim 1, wherein the at least one base material comprises polyester; Applicant is directed to ¶ 20, of the instant reference teaches that the base material can be made from rayon, natural fibers represented by cotton, semi-synthetic fibers such as acetate, polyester-based synthetic fibers represented by polyethylene terephthalate, nylon.
Regarding Claim 8, where Applicant seeks that the surface cleaning material of claim 2, wherein the first and second ends of the plurality of first fibers extend a first distance from the surface of the base structure, and the first and second ends of the plurality of second fibers extend a second distance from the surface of the base structure, the first distance being equal to or greater than the second distance; Applicant is directed to ¶ 14, where the instant reference describes figure 1, which shows the rows, holes and the gaps. See figure posed above under rationale for Claim 3.
Regarding Claim 24, where Applicant seeks that the surface cleaning material of claim 1, wherein the base structure comprises a plurality of discrete holes formed in the at least one base material and at least a portion of the plurality of fibers are woven into the discrete holes; Applicant is directed to ¶ 14, where the instant reference describes figure 1, which shows the rows, holes and the gaps. See figure posed above under rationale for Claim 3.
Regarding Claim 25, where Applicant seeks that the surface cleaning material of claim 1, wherein the plurality of fibers woven into the base structure are separated by gaps in the base structure, the gaps excluding the plurality of fibers woven into the base structure; Applicant is directed to ¶ 14, where the instant reference describes figure 1, which shows the rows, holes and the gaps. See figure posed above under rationale for Claim 3.
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) 5, 6, 9, 10 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2008080012A issued to Morishita et al. as applied to claims 1-4 and 7-9 above, and further in view of USPUB 20230337888A1 issued to Resch et al.
Morshita et al., teach what is set forth above but do not disclose the limitations around the apparatus as sought in Claims 10 and 21-23.
This is remedied by Resch et al.
Resch et al. teach surface cleaning apparatus where the apparatus may have multiple cleaning modes such as multi-surface or wet/dry vacuum cleaners [abstract, ¶ 0002]. At ¶ 0057, Resch et al., disclose that the base of the cleaning apparatus can comprise any type of base, foot, or other cleaning head suitable for the purposes described herein, including being moved over a floor surface to be cleaned. The base may include any of a suction nozzle, an agitator (e.g. a brushroll [meets the limitation of Applicant’s claim 22], a pad [meets the limitation of a fibrous surface cleaning material of claim 1], etc.), a squeegee, a wheel, a pump, a heater, a motor, a tank, a filter, a dispenser, a battery, a wireless communication module, a hose, and the like, or any combination thereof. At ¶ 0150, Resch et al., teaches that the brushroll comprises a dowel (268) which is shown to be helically wound in Figure 15. A microfiber material is provided on the dowel. The microfiber material can be constructed of polyester, polyamides, or a conjugation of materials including polypropylene or any other suitable material known in the art from which to construct microfiber.
A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have modified or used the surface cleaning material within the surface cleaning apparatus of Resch et al. One would have been motivated to do so as woven cloths can be tailored in weight, size, and weave density to fit the mechanical design of a cleaning apparatus. This allows for optimized contact with the surface, even distribution of cleaning media, and integration with rollers, brushes, or automated wiping mechanisms.
Regarding Claim 10, where Applicant seeks that the surface cleaning material of claim 1, wherein the surface cleaning material is wrapped around a dowel; Applicant is directed to ¶ 0150, Resch et al., teaches that the brushroll comprises a dowel (268) which is shown to be helically wound in Figure 15.
Regarding Claim 21, where Applicant seeks that the surface cleaning material of claim 10, wherein the surface cleaning material includes a plurality of strips wrapped around the dowel in a helical arrangement; Applicant is directed to ¶ 0057, Resch et al., disclose that the base of the cleaning apparatus can comprise any type of base, foot, or other cleaning head suitable for the purposes described herein, including being moved over a floor surface to be cleaned. The base may include any of a suction nozzle, an agitator (e.g. a brushroll [meets the limitation of Applicant’s claim 22], a pad [meets the limitation of a fibrous surface cleaning material of claim 1], etc.), a squeegee, a wheel, a pump, a heater, a motor, a tank, a filter, a dispenser, a battery, a wireless communication module, a hose, and the like, or any combination thereof.
Regarding Claim 22, where Applicant seeks that the surface cleaning material of claim 10, wherein the dowel is a brushroll core of a cleaning apparatus; Applicant is directed to ¶ 0057, Resch et al., disclose that the base of the cleaning apparatus can comprise any type of base, foot, or other cleaning head suitable for the purposes described herein, including being moved over a floor surface to be cleaned. The base may include any of a suction nozzle, an agitator (e.g. a brushroll [meets the limitation of Applicant’s claim 22], a pad [meets the limitation of a fibrous surface cleaning material of claim 1], etc.), a squeegee, a wheel, a pump, a heater, a motor, a tank, a filter, a dispenser, a battery, a wireless communication module, a hose, and the like, or any combination thereof.
Regarding Claim 23, where Applicant seeks that the surface cleaning material of claim 21, wherein the cleaning apparatus is one of a wet vacuum cleaner and a dry vacuum cleaner; Resch et al. teach surface cleaning apparatus where the apparatus may have multiple cleaning modes such as multi-surface or wet/dry vacuum cleaners [abstract, ¶ 0002].
Regarding Claim 5, where Applicant seeks that the surface cleaning material of claim 2, wherein the plurality of first fibers are made from a first material comprising a microfiber material and the plurality of second fibers are made from a second material comprising nylon; Morshita at ¶ 23, teaches that that the second monofilament pile fibers can be polyester synthetic fiber typified by polyethylene terephthalate or an aliphatic polyamide synthetic fiber typified by nylon. Morshita et al. teach that a mix of fibers can be used. They do not teach the diameter of first or second fibers to be microfibers. At ¶ 0150, Resch et al., teaches that the brushroll comprises a dowel (268) which is shown to be helically wound in Figure 15. A microfiber material is provided on the dowel. The microfiber material can be constructed of polyester, polyamides, or a conjugation of materials including polypropylene or any other suitable material known in the art from which to construct microfiber. A person having ordinary skill in the art before the effective filing date of the invention would have modified Morshita’s surface cleaning material with microfibers as well as fibers. One would have been motivated to do so in order as microfibers when mixed with macrofibers or regular fibers provide stability and cohesion, reducing segregation and fiber balling.
Regarding Claim 6, where Applicant seeks that the surface cleaning material of claim 5, wherein the microfiber material is a microfiber yarn; ¶ 0150, Resch et al., teaches that the brushroll comprises a dowel (268) which is shown to be helically wound in Figure 15. A microfiber material is provided on the dowel. The microfiber material can be constructed of polyester, polyamides, or a conjugation of materials including polypropylene or any other suitable material known in the art from which to construct microfiber. Microfiber refers to a fabric or textile product made from microfiber yarns.
Regarding Claim 9, where Applicant seeks that the surface cleaning material of claim 2, wherein a ratio by density of the plurality of first fibers to the plurality of second fibers is between 99:1 and 3:1; Morshita et al., teach a density at paragraph 5, but do not disclose a ratio by density of the plurality of first fibers to the plurality of second fibers is between 99:1 and 3:1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have constructed the surface cleaning material of claim 2, wherein a ratio by density of the plurality of first fibers to the plurality of second fibers is between 99:1 and 3:1, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges that would be discovered through routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, would be deemed through routine experimentation and as such is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions. See also KSR Int'l Co. V. Teleflex Inc., 550 U.S. 398, 416 (2007). Having the surface cleaning material wherein a ratio by density of the plurality of first fibers to the plurality of second fibers is between 99:1 and 3:1, would allow for the resultant properties of one fiber to be exalted over the other, which could help in cleaning as polyester's combination of durability, affordability, versatility, and ease of care has solidified its position as a common fiber in the textile industry.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP2008291415A.
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
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