The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Election/Restrictions
Claims 32-40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/25/2025.
Applicant’s election without traverse of Claims 22-31 and 41 in the reply filed on 11/25/2025 is acknowledged.
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 use the word “means”, “step”, or a generic placeholder but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “cleaning device” in Claims 22-31 and 41, and “steps” in Claims 23-25 and 27.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
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 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.
Claims 22, 28, 29, and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yim et al. US 2018/0263447 (hereafter Yim et al.).
Regarding Claim 22, Yim et al. anticipates:
22. (Previously Presented) A housing (second housing 112) of a cleaning device (robot cleaner 100), comprising a mounting hole (labeled in attached Figure 7 below) for mounting a sensor (cliff sensor 180), wherein a hole wall (opening 112d formed by four tapering side walls surrounding mounting hole as shown in attached Figure 7 below) of the mounting hole is inclined (shown in attached Figure 7 below), such that a cross-sectional area of the mounting hole gradually increases from inside to outside (shown in attached Figure 7 below, Paragraph [0058]); the hole wall is provided with a reflective structure (oriented and configured to receive reflected light, Paragraph [0060]); and the reflective structure divides the hole wall into a plurality of reflecting surfaces (four tapering side wall surfaces oriented to for irradiating light from the light emitting portion 181 and receiving reflected light onto light receiving portion 182 as shown in Figures 7 and 8).
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Regarding Claim 28, Yim et al. anticipates:
28. (Previously Presented) The housing of the cleaning device according to claim 22, wherein a wall surface of the mounting hole (labeled in attached Figure 7 above) is a frustum-shaped surface (shown in attached Figure 7 above).
Regarding Claim 29, Yim et al. anticipates:
29. (Previously Presented) The housing of the cleaning device according to claim 22, wherein the mounting hole (labeled in attached Figure 7 above) is provided at a bottom of the housing (second housing 112), and the sensor (cliff sensor 180) is oriented to transmit (with light emitting portion 181) or receive (with light receiving portion 182) a signal vertically downwards in a case that the cleaning device is in operation (shown in Figure 7), wherein the mounting hole is disposed close to an edge of the housing (labeled in attached Figure 7 above), and the hole wall (opening 112d formed by four tapering side walls surrounding mounting hole as shown in attached Figure 7 above) close to a side of the edge has a notch (hole 112e, labeled in attached Figure 7 above).
Regarding Claim 31, Yim et al. anticipates:
31. (Previously Presented) The housing of the cleaning device according to claim 22, wherein the sensor (cliff sensor 180) comprises a cliff sensor (sensor is a cliff sensor).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 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.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Yim et al. US 2018/0263447 (hereafter Yim et al.) in view of common knowledge.
Regarding Claim 30, Yim et al. teaches:
30. (Previously Presented) The housing of the cleaning device according to claim 22, wherein a surface of the reflective structure is formed as a matte film.
Yim et al. discloses walls of opening 112d formed by four tapering side walls surrounding the mounting hole such that it is configured to additionally reflect light back to the light receiving portion 182. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to add a matte coating or matte film to the side wall surfaces to control the amount of light that would naturally be reflected back to the sensor which would allow the amount of reflection to be tuned to achieve a desired amount for accurate detection.
Allowable Subject Matter
Claims 23-27 are objected to as being dependent upon a rejected base claim but it would be allowable if rewritten to overcome the rejection(s) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding Claim 41, a search of the prior art does not teach or reasonably suggest the device as claimed in the context of the entire scope of the claims. Thus, for at least the foregoing reasons, the instant invention is neither anticipated nor rendered obvious by the prior art because the device is not taught nor suggested as set forth in the entire context of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in form PTO-892 Notice of References Cited. Specifically, the prior art references include pertinent disclosures of vacuum cleaners with cliff sensors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC CARLSON whose telephone number is (571)272-9963. The examiner can normally be reached Monday-Thursday 6:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN KELLER can be reached on (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC CARLSON/Primary Examiner, Art Unit 3723 264480