DETAILED ACTION
Modular Cleaner
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 .
Response to Amendment
The amendments filed 03-13-2026 has been entered. Claims 1-20 are currently pending and have been examined. The previous rejection has been updated due to applicant’s amendments.
Response to Arguments
Applicant's arguments filed 03-13-2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Further, the prior art combination of Rutten, Han and Downham teaches a handle configured to detach from the module body, and wherein the handle includes: a handle body that defines an air flow path therein, the air flow path being configured to receive a connection hose based on the modular cleaner being provided as a canister type cleaner, a handle connection pipe that is disposed at one side of the handle body and in fluid communication with the air flow path, the handle connection pipe being configured to connect to the first body connection pipe or the cleaning unit, and
a door disposed at the handle body and configured to open and close the air flow path.
Rutten discloses a handle that can be directly connected to module body (140, figure 3), and detach to be directly connected to the suction tube (120, figure 4); Han discloses a cleaning apparatus that has handle body that defines an air flow path (30, figure 3) to receive a connection hose (50, figure 1) and handle connection pipe (figure 2); Downham discloses a suction cleaning apparatus that has a door that open and closes dependent on the when the hose is attached near the handle.
In response to applicant's argument that the prior art combination of Rutten, Han and Downham discloses wherein, based on the handle being connected to the module body to thereby provide the module cleaner as a handy type cleaner, air is blocked from being introduced into the handle connection pipe, and wherein, based on the handle being separated from the module body to thereby provide the module cleaner as the canister type cleaner air is introduced into the handle connection pipe, 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.
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) is/are: cleaning unit in claims 20-30,32-34,36.
Examiner is interpreting the cleaning unit as a cleaning housing with suction part, cleaning connection pipe, and a rotary cleaning part, combined together as disclosed in applicant specification (see para 0148-0154) or equivalent structure.
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 § 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) 20-30 and 35-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rutten (DE102016105475) in view of Han et al. (US20160174789A1) and Downham (US6122796A).
Regarding claim 20, Rutten teaches
a module body (140, figure 1) comprising a motor and an impeller (abstract; “ The fan may include a fan and a motor”) that are configured to generate suction force, the module body defining a dust collecting part configured to store dust (abstract);
a battery (“ energy storage device, which is designed for example as a battery pack”)configured to be disposed at the module body and configured to supply power to the motor;
a handle (110, figure 1) configured to attach to and detach from the module body; and
a cleaning unit (130, figure 1) configured to contact an object to be cleaned and to apply a physical force to the object,
wherein the module body further comprises:
a first body connection pipe (144, figure 1) that comprises a first coupling part (abstract) configured to couple to the handle (figure 1), the first body connection pipe having one end that is closed and connected to one side of the module body (figures 1-3), and
a second body connection pipe (142, figure 1) that comprises a second coupling part configured to couple to the cleaning unit (capable of performing this action),
wherein the first body connection pipe, the motor, the dust collecting part, and the second body connection pipe are sequentially arranged along an axial direction of the motor (“Also, the vacuum cleaner may include a fan, a dust collector and, additionally or alternatively, an energy storage device that are receivable or received in the suction unit. In this case, the suction unit may be formed to receive the blower, the dust collector and, in addition or alternatively, the energy storage device removable or replaceable. In a preferred embodiment, blower, dust collector and energy storage device are arranged in series with respect to the suction air flow of the vacuum cleaner in a series circuit.”),
wherein the module body is configured to, based on one of the first coupling part or the second coupling part being coupled to one of the handle or the cleaning unit, electrically connect to the one of the handle or the cleaning unit, respectively,
(“Optionally, the suction tube 120 at least one electrical line and electrical contacts for a power supply of a floor nozzle with electric brush roller as a suction attachment 130 and / or for one on the handle 110 arranged switching contact for controlling an operation of the vacuum cleaner 100 exhibit.”).
However, Rutten fails to teach wherein the handle includes a handle body that defines an air flow path therein, the air flow path being configured to receive a connection hose based on the modular cleaner being provided as a canister type cleaner, a handle connection pipe that is disposed at one side of the handle body and in fluid communication with the air flow path, the handle connection pipe being configured to connect to the first body connection pipe or the cleaning unit, and a door disposed at the handle body and configured to open and close the air flow path, and wherein the door is configured to: wherein, based on the handle being connected to the module body to thereby provide the module cleaner as a handy type cleaner air is blocked from being introduced into the handle connection pipe, and wherein, based on the handle being connected to the canister type cleaner separated from the module body to thereby provide the module cleaner as the canister type cleaner, air is introduced into the handle connection pipe.
Han teaches a cleaning apparatus (abstract) that includes a handle body (40, figure 2) that defines an air flow path therein (133,figure 3), the air flow path being configured to receive a connection hose based on the modular cleaner being provided as a canister type cleaner (para 0070-0083; figures 1-5),
a handle connection pipe (123, figure 2) that is disposed at one side of the handle body and in fluid communication with the air flow path, the handle connection pipe being configured to connect to the first body connection pipe or the cleaning unit (para 0075-0085).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Rutten to include the teachings of handle that includes a handle body that defines an air flow path being configured to receive a connection hose and a handle connection pipe based on the teachings of Han. This modification would help improve dust collecting efficiency. (see Han’s para 0009-0013).
Downham teaches a suction cleaning apparatus that includes a door that closes and open based on when a hose inserted into suction cleaning’s port to change the form of the suction cleaning apparatus cleaner to have modes that include cylinder type cleaner and a handheld cleaner (col 1 lines 45-63, col 6 lines 3-col 8 lines 30; figures 1-10).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have further modified Rutten to include handle that includes a door disposed at handle body that blocks airflow or open airflow path based on the teachings of Downham. This modification would allow for more control over the airflow connection between the connection hose and handle, and allow the cleaner to be easily put in different modes. (see Downham’s col 4 lines 45-col 7 lines 25; figures 1-7)
Further, Rutten as modified by Han and Downham would disclose wherein, based on the handle being connected to the module body to thereby provide the module cleaner as a handy type cleaner, air is block from being introduced into the handle connection pipe, and wherein, based on the handle being connected to the canister type cleaner separated from the module body to thereby provide the module cleaner as the canister type cleaner, air is introduced into the handle connection pipe, (capable of performing this action).
Regarding claim 21, modified Rutten teaches a connector ( see Rutten, annotated figure 4 below and 120, figure 4) that is disposed on at least one of (i) a first position between the cleaning unit and the module body (see Rutten figure 4) or ( examiner interpreting only one limitation needs to be met) (ii) a second position between the module body and the handle, the connector being configured to connect the module body to the cleaning unit or the handle, wherein the connector defines a hollow space configured to carry air, the connector comprising a coupling portion (see Rutten, figures 1-4; abstract) configured to couple to at least one of the cleaning unit, the module body, or the handle, wherein the module body is configured to, based on the coupling portion of the connector being coupled to one of the cleaning unit or the handle, electrically connect to the one of the cleaning unit or the handle through the coupling portion of the connector (see Rutten, figures 1-4; see Han 40, figure 1; see Downham 45, figure).
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Regarding claim 22, modified Rutten teaches wherein the connector is one of a plurality of connectors that have different lengths from one another (see annotated Rutten figure above, figures 1-4).
Regarding claim 23, modified Rutten teaches wherein a weight of the module body is greater than weights of the cleaning unit and the handle (Rutten discloses “Such an embodiment offers the advantage that the vacuum cleaner is designed in this configuration of a weight distribution for fatigue-free bottom suction, Furthermore, thus a well-defined weight distribution can be achieved depending on a configuration of the vacuum cleaner.”)
Regarding claim 24, modified Rutten teaches wherein the cleaning unit defines a suction port configured to receive external air outside the cleaning unit (see Rutten’s abstract; The suction attachment 130 is intended for contact with a surface to be cleaned. The suction attachment 130 “)
Regarding claim 25, modified Rutten teaches wherein the battery is detachably disposed at the module body (see Rutten discloses “an energy storage device that are receivable or received in the suction unit. In this case, the suction unit may be formed to receive the blower, the dust collector and, in addition or alternatively, the energy storage device removable or replaceable.”).
Regarding claim 26, modified Rutten teaches a first connection part (see Rutten 120, figure 4) having a first length; and
a second connection part (see connector in annotated figure above) having a second length that is less than the first length of the first connection part.
Regarding claim 27, modified Rutten teaches wherein each of the first connection part and the second connection part is configured to connect between the module body and the cleaning unit or between the module body and the handle (see Rutten, figures 1-4; and annotated figure above).
Regarding claim 28, modified Rutten teaches wherein the first connection part (see Rutten 120, figures 1- 4) and the second connection part (see annotated figure above) are further configured (capable of performing this action) to couple to each other, and wherein the first connection part and the second connection part are configured to, based on coupling to each other, connect the module body to the cleaning unit or the handle.
Regarding claim 29, modified Rutten teaches wherein each of the first connection part (see Rutten 120, figure 4)and the second connection (see annotated figure above) part is configured (capable of performing this action) to, based on being separated from each other, be disposed at the first position between the module body and the cleaning unit or the second position between the module body and the handle to thereby connect the handle, the module body, and the cleaning unit (see Rutten, figures 1-4).
Regarding claim 30, modified Rutten teaches wherein only one of the first connection part (see Rutten 120, figures 1- 4) or the second connection part (see annotated figure above) is configured (capable of performing this action) to connect between the module body and the cleaning unit or between the module body and the handle.
Regarding claim 35, modified Rutten teaches
wherein the canister type cleaner further comprises a cleaner body (see Han, figures 1-6; Downham figures 1-5 col 2 lines 55-col 5lines 10) configured (capable of performing this action) to receive power through a wire and to generate suction force,
wherein the connection hose is connected to the cleaner body and configured to connect to the handle, and wherein the handle is configured to: connect to the module body to thereby provide the modular cleaner as the handy type cleaner, and
connect to the connection hose to thereby provide the modular cleaner as the canister type cleaner.
Regarding claim 36, modified Rutten teaches
a grip part (see Han’s para 0073) disposed at a second side of the handle body and configured to be gripped by a user (capable of performing this action).
Regarding claim 37, modified Rutten teaches wherein the door is configured to, based on the connection hose being inserted to the air flow path, rotate into an inside of the handle body to thereby open the air flow path. (see Han’s para 0070-0075,0083-0085; see Downham’s col 5 lines 45-col 7 lines 25, figures 1-5)
Regarding claim 38, modified Rutten
wherein the connection hose defines a fastening groove (see Han’s annotated figure below) configured to couple to the handle body, and
wherein the handle (see Han’s 42, figure 2) further comprises a fastening button configured to insert into the fastening groove (see Han’s annotated figure below) based on the connection hose being inserted to the air flow path to thereby fasten the connection hose to the handle body.
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Regarding claim 39, modified Rutten teaches
wherein the fastening button and the door are configured to contact each other and cover the air flow path based on the connection hose being separated from the air flow path. (see Han’s para 0083-0084 and Downham’s col 6 lines 45-col 7 lines 25)
Claim(s) 31-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rutten (DE102016105475) in view of Han et al. (US20160174789A1) and Downham (US6122796A) as applied to claim 20, further in view of Conrad (US20170265696A1)
Regarding claim 31, Rutten as modified above teaches all limitations stated above, but fails to teach wherein the cleaning unit comprises a cleaning mop configured to wipe a floor surface.
Conrad teaches cleaning apparatus (abstract) with a cleaning unit comprises a cleaning mop configured to wipe a floor surface. (see Conrad para 0583, 0588-0589)
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have further modified Rutten to include a cleaning unit be a mop based on the teachings of Conrad. This modification would allow the cleaning appliance to perform wet cleaning (see Conrad para 0587-0589).
Regarding claim 32, Rutten as modified above teaches all limitations stated above ,but fails to teach wherein the battery comprises one or more batteries, and at least one of the one or more batteries being configured to be fastened to at least one of the module body, the cleaning unit, the handle, or the connector.
Conrad teaches a cleaning apparatus (abstract) that comprises a battery (see Conrad 174, figure 39) comprises one or more batteries (see Conrad para 0433,0547,0565), and at least one of the one or more batteries being configured to be fastened to at least one of the module body, the cleaning unit, the handle, or the connector. (see Conrad para 0433,0547,0565)
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have further modified Rutten to include wherein the battery comprises one or more batteries, and at least one of the one or more batteries being configured to be fastened to at least one of the module body, the cleaning unit, the handle, or the connector based on the teachings of Conrad. This modification would allow a user to easily replace batteries if there is malfunction. (see Conrad para 0587-0589).
Regarding claim 33, modified Rutten teaches wherein the battery is configured to be fastened to a rear surface of any one of the module body, the cleaning unit, the handle, and the connector, the rear surface being configured to face a user based on the cleaning unit resting on a floor surface. (see Rutten discloses “an energy storage device that are receivable or received in the suction unit. In this case, the suction unit may be formed to receive the blower, the dust collector and, in addition or alternatively, the energy storage device removable or replaceable. ” and see Conrad 174, figure 39)
Regarding claim 34, modified Rutten teaches wherein the battery is one of a pair of batteries that are configured to be fastened to sides of any one of the module body, the cleaning unit, the handle, and the connector (see Rutten discloses “an energy storage device that are receivable or received in the suction unit. In this case, the suction unit may be formed to receive the blower, the dust collector and, in addition or alternatively, the energy storage device removable or replaceable.”; see Conrad para 0433,0547,0565)
Conclusion
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 SARAH AKYAA FORDJOUR whose telephone number is (571)272-0390. The examiner can normally be reached Monday - Thursday 9:30am - 5:30pm and Friday 6:00am-3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica 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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/SARAH AKYAA FORDJOUR/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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