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 .
Specification
The attempt to incorporate subject matter into this application by reference to Korean Application No. 10-2021-0172186, filed on December 3, 2021, and U.S. Provisional Application No. 63/203,572, filed on July 27, 2021 is ineffective because the incorporation by reference was filed after the PCT date of 07/27/2022 which considered the filing date of the US application. As such, the incorporation by reference statement must be removed, as it introduces new matter by being filed after the filing date of the application.
See MPEP §608.01(p) I B: “For the incorporation by reference to be effective as a proper safeguard, the incorporation by reference statement must be filed at the time of filing of the later-filed application. An incorporation by reference statement added after an application’s filing date is not effective because no new matter can be added to an application after its filing date”;
MPEP 1893.03(b): “An international application designating the U.S. has two stages (international and national) with the filing date being the same in both stages. Often the date of entry into the national stage is confused with the filing date. It should be borne in mind that the filing date of the international stage application is also the filing date for the national stage application. Specifically, 35 U.S.C. 363 provides that An international application designating the United States shall have the effect, from its international filing date under Article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office”, and
MPEP 714.01(e): “A preliminary amendment filed with a submission to enter the national stage of an international application under 35 U.S.C. 371 is not part of the original disclosure under 37 CFR 1.115(a) because it was not present on the international filing date accorded to the application under PCT Article 11.” as well as:
PCT Article 11(3) - “...an international filing date shall have the effect of a regular national application in each designated State as of the international filing date, which date shall be considered to be the actual filing date in each designated State.”
The specification amendment filed 01/26/2024 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: the incorporation by reference to Korean Application No. 10-2021-0172186, filed on December 3, 2021, and U.S. Provisional Application No. 63/203,572, filed on July 27, 2021.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
In claim 23, the word “at” was repeated twice “the water drainage port being defined at at least one of”, consider striking out the duplicate word.
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.
Claim(s) 18-23, 25-28, 30, 32-34, 36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by You (WO 2008116381 A1).
PNG
media_image1.png
773
587
media_image1.png
Greyscale
Ann. figs. 4 and 5(1) (You)
With respect to claim 18, You discloses: A cleaner, comprising: a cleaning module configured to generate steam (at the location of 1, fig. 1; being a steam mop as in [0024]), wherein the cleaning module comprises: a cleaning module housing that defines an external appearance of the cleaning module (outer housing 1, fig. 1; [0025]), the cleaning module housing defining an inner space therein (see exploded view in fig. 3 where there are other components inside the housing, thus providing an inner space), a heater disposed in the inner space of the cleaning module housing and configured to generate steam from water (heater is part of steam generator 6, fig. 3; [0029] provides that there is a heater in the steam generator between the water inlet and steam outlet), and a water container disposed above the heater and configured to supply water to the heater (water container or tank 3, fig. 2, it is formed by shells 33 and 34, fig. 3; above heater 6, [0025]), the water container defining a heater disposition recess that is recessed upward from a lower surface of the water container and accommodates at least a part of the heater (there is a curved recess as shown in ann. figs. 4 and 5(1) above, see positioning of heater in fig. 3).
PNG
media_image2.png
549
802
media_image2.png
Greyscale
Ann. fig. 5(2) (You)
With respect to claim 19, You discloses the limitations of claim 18 above, and further discloses wherein the heater disposition recess has: a first inclined surface that extends rearward from a first side of the lower surface of the water container (ann. fig. 5(2) above), wherein a rear end of the first inclined surface is disposed above a front end of the first inclined surface (ann. fig. 5(2) above, the first inclined surface is directed upward at an angle); a second inclined surface that extends rearward from the rear end of the first inclined surface (ann. fig. 5(2) above), wherein a rear end of the second inclined surface is disposed above a front end of the second inclined surface (ann. fig. 5(2) above), rear end of the second inclined surface is above front end [towards right side/front storage] of the first inclined surface); and a third inclined surface that extends rearward from the rear end of the second inclined surface (ann. fig. 5(2) above) examiner notes the distinct slopes at 10, fig .4 where the tank is fitted are indicative of different surfaces of the tank/container 3; [0025]).
With respect to claim 20, You discloses the limitations of claim 19 above, and further discloses wherein a slope of the second inclined surface is less than a slope of the first inclined surface, and wherein a slope of the third inclined surface is less than the slope of the second inclined surface (see the differing slopes in ann. fig. 5(2), above, where the first inclined surface has a steep slope pointing upward, the second inclined surface has less slope that is curved, and the third inclined surface gradually slopes to a rear of the water container 3).
With respect to claim 21, You discloses the limitations of claim 18 above, and further discloses wherein the water container comprises: a front storage disposed at a front end of the water container and configured to store water therein (front storage pointed to at ann. fig. 5(2); the tank is intended to hold water as in [0025]), the front storage extending in a left-right direction (the front storage is a volume that is 3 dimensional, and thus extends in all 3 directions); a left storage configured to store water therein (pointed to at ann. fig. 5(2); as previously noted, the tank is intended to hold water), the left storage extending rearward from a left end of the front storage along a left surface of the water container (ann. fig. 5(2) shows the pointed left storage); and a right storage configured to store water therein (pointed to at ann. fig. 5(2); as previously noted, the tank is intended to hold water), the right storage extending rearward from a right end of the front storage along a right surface of the water container (ann. fig. 5(2) shows the pointed right storage) [examiner notes that the arrangement of the storage is consistent with the instant disclosure, in that the storages together form one continuous storage volume)
With respect to claim 22, You discloses the limitations of claim 21 above, and further discloses wherein the front storage, the left storage, and the right storage define a U-shape that is curved rearward relative to the front end of the water container (U shape defined at an end proximate to 82, fig. 5; [0028] defined by the overall combined volume of the front storage, left storage, and right storage).
PNG
media_image3.png
447
671
media_image3.png
Greyscale
With respect to claim 23, You discloses the limitations of claim 21 above, and further discloses wherein the water container further comprises a water drainage port configured to drain water (340, fig. 6; [0027]), the water drainage port being defined at at least one of (i) a left connecting portion between the front storage and the left storage or (ii) a right connecting portion between the front storage and the right storage (as shown in ann. fig. 6, above, the drainage port 340 is in a “right connecting portion} that is between the front storage and the right storage, the claim does not otherwise define the geometry of connecting portion).
With respect to claim 25, You discloses the limitations of claim 21 above, and further discloses wherein a front end of at least one of the left storage or the right storage is disposed below a rear end of the at least one of the left storage or the right storage (ann. fig. 6 above, shows a lower front end of the right storage that is lower than an upper rear end of the right storage).
With respect to claim 26, You discloses the limitations of claim 21 above, and further discloses water container further defines an air channel at a rear portion of the water container relative to the front storage, the air channel fluidly connecting the left storage and the right storage to each other (air channel shown in ann. fig. 5(2) above, the air channel is in a rear portion of the water container that includes the left and right storages, and connects the left and right storage at a front end of both the left and right storages; the channel would be an “air channel” if the container is empty or partially filled).
With respect to claim 27, You discloses the limitations of claim 18 above, and further discloses wherein the water container further defines: a water drainage port at a front end of the water container (340, fig. 6; [0027], at front end near front storage) and an air hole at a rear end of at the water container (air hole 30, fig. 5; [0026], the hole allows air to be entered if opened), the air hole being configured to introduce air from an outside of the water container into the water container based on an internal air pressure in the water container being less than an air pressure at the outside of the water container (the air hole structurally can allow air to enter the water container if water is being drained or sucked out of the drainage port by an external vacuum that drains the water, this would allow the water to drain without, for example internally collapsing the container with a strong vacuum force).
With respect to claim 28, You discloses the limitations of claim 27 above, and further discloses wherein the air hole is disposed at a first side with respect to a reference line extending in a left-right direction through the water container, and wherein the water drainage port is disposed at a second side opposite to the first side with respect to the reference line (there could be an imaginary left right reference line, see ann. fig. 5 (2) above, between the front end [front storage] and the rear end proximate to 82, fig. 5, and the air hole and water drainage port can be considered to be on opposite sides of the line).
With respect to claim 30, You discloses the limitations of claim 18 above, and further discloses wherein the cleaning module housing comprises: a lower housing on which the heater is disposed (lower housing 12, fig .3, heater 6 would be disposed on the housing as shown in the exploded view; [0025]); and an upper housing coupled to the lower housing and disposed above the heater (upper housing 11, fig. 3; [0024], above heater as shown in the exploded view in fig. 3), the upper housing being spaced apart from the heater (portions of the upper housing meet the end of the lower housing, and the heater is smaller than the lower housing, so it is spaced apart from the heater), and wherein the water container is configured to be disposed at an upper surface of the upper housing (water container fits into groove 10, which includes an upper surface of the upper housing, fig. 4 [0025], see fully assembled structure at fig. 1 where an upper surface of the water container is almost flush with the uppermost structure of the upper housing).
With respect to claim 32, You discloses: A cleaner, comprising: a cleaning module configured to generate steam (at the location of 1, fig. 1; being a steam mop as in [0024]), wherein the cleaning module comprises: a cleaning module housing that defines an external appearance of the cleaning module (outer housing 1, fig. 1; [0025]), the cleaning module housing defining an inner space therein (see exploded view in fig. 3 where there are other components inside the housing, thus providing an inner space), a heater disposed in the inner space of the cleaning module housing and configured to generate steam from water (heater is part of steam generator 6, fig. 3; [0029] provides that there is a heater in the steam generator between the water inlet and steam outlet), and a water container disposed above the heater and configured to supply water to the heater (water container or tank 3, fig. 2, it is formed by shells 33 and 34, fig. 3; above heater 6, [0025]), and wherein the water container comprises a storage configured to store the water (inside of water container, [0025] holds water as a water tank] , the storage surrounding a plurality of side surfaces of the heater (as shown in the exploded view in fig. 3, the water container and it’s storage surrounds the top and front side of heater 6; see also fig. 1).
PNG
media_image4.png
829
662
media_image4.png
Greyscale
Ann. fig. 3 (You)
With respect to claim 33, You discloses the limitations of claim 32 above, and further discloses wherein the heater is inclined with respect to a ground surface (the ground surface is not part of the claimed invention, being external, and can be positioned on a flat, with respect to gravity surface, that slopes down in front of the cleaner, and therefore with respect to the inclined portion of the ground, the heater is inclined; alternatively, a person may hold the cleaner such that the heater is inclined, examiner notes that the applicant can define the incline with respect to some structure of the cleaner to potentially overcome this interpretation), and wherein the water container comprises an inclined surface that extends parallel to an upper surface of the heater (ann. fig. 3 above, see two dashed lines in ann. fig. 3 of You, the bottom surface of the tank extends in a direction parallel to a top surface of the heater [claim does not require the inclined surface to be parallel to the top surface of the heater, but rather that it extends parallel to the top surface]).
With respect to claim 34, You discloses the limitations of claim 32 above, and further discloses wherein the water container comprises: a front storage disposed at a front end of the water container (front storage pointed to at ann. fig. 5(2)), and extends in a left-right direction (the front storage is a volume that is 3 dimensional, and thus extends in all 3 directions); a left storage that extends rearward from a left end of the front storage along a left surface of the water container (pointed to at ann. fig. 5(2), extends from rear end at left side of front storage, to the rear of the water container, and along left surface of water container); and a right storage that extends rearward from a right end of the front storage along a right surface of the water container (pointed to at ann. fig. 5(2), extends from rear end at right side of front storage, to the rear of the water container, and along right surface of water container) [examiner notes that the arrangement of the storage is consistent with the instant disclosure, in that the storages together form one continuous storage volume)
With respect to claim 36, You discloses the limitations of claim 32 above, and further discloses wherein the water container further defines an air channel at a rear portion of the water container relative to the front storage, the air channel extending from the left storage to the right storage, and wherein the air channel is defined at a position above the front storage (air channel shown in ann. fig. 5(2) above, the air channel is in a rear portion of the water container that includes the left and right storages, and connects the left and right storage at a front end of both the left and right storages; the channel would be an “air channel” if the container is empty or partially filled, and the air channel is above the bottom portion of the front storage).
Claim(s) 32 and 37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh (US 20070212035 A1).
With respect to claim 32, Oh discloses A cleaner, comprising: a cleaning module configured to generate steam (20, fig. 1; [0034)], wherein the cleaning module comprises: a cleaning module housing that defines an external appearance of the cleaning module (housing 30, fig. 2; [0035], in this case the first water tank meets the definition of housing as it encloses other elements within), the cleaning module housing defining an inner space therein (see sectional view in figs. 3-4), a heater disposed in the inner space of the cleaning module housing and configured to generate steam from water (see location of heater 50 in figs. 2 and 4; heater generates steam by heating water in [0042]), a water container disposed above the heater and configured to supply water to the heater (water container 40, figs. 2 and 4; [0035], disposed above heater is consistent with instant disclosure, as part of the water tank in the instant disclose is below the top surface of the water heater, therefore it is reasonable to interpret the claim to mean that at least part of the water container is above the heater), and wherein the water container comprises a storage configured to store the water (water container 40 holds water as in [0035]), the storage surrounding a plurality of side surfaces of the heater (storage volume surrounds side surfaces proximate to 53, figs. 3 and 4; [0037]).
PNG
media_image5.png
850
739
media_image5.png
Greyscale
Ann figs. 3 and 4 (Oh)
With respect to claim 37, Oh discloses the limitations of claim 32 above, and further discloses wherein the heater has four side surfaces, and the storage surrounds the four side surfaces of the heater (see ann. figs. 3 and 4 of Oh above at packing member 53; also see fig. 2 for a 3-dimensional view of the surfaces of the packing member 53 that makes up the side surfaces of the heater)
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(s) 24 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over You (WO 2008116381 A1) and further in view of Garbe (US 4155143 A).
With respect to claim 24, You discloses the limitations of claim 21 above, and further discloses of an extension rod connected to the cleaning module housing, wherein the water container further defines an extension rod disposition recess that is recessed forward from a rear surface of the water container and configured to receive at least a part of the extension rod between the left storage and the right storage (extension rod 2, fig. 1;[0025] in recess [curved cutout at the rear of the water container] at 82, fig. 5; [0028]) , and wherein the extension rod disposition recess is defined at a rear side of the heater disposition recess (see location of 82, fig .5, it is behind/at a rear end of the heater disposition recess), however does not explicitly disclose an extension tube and extension tube disposition recess).
Garbe, in the same field of endeavor, related to cleaning, teaches of using an extension tube type handle (16, fig. 1; col 3 lines 39-50). Garbe teaches that this hollow construction makes it easy to assemble from a knockdown shipping arraignment (col 1, lines 10-30).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention to have modified You, and have provided a hollow extension tube [and the corresponding recess being extension tube disposition recess] in place of the handle [extension rod], for the purpose of making the arrangement easy to assemble. A person of ordinary skill in the art, would have also understood that hollow handles [being an extension tube] are lighter in weight than solid ones.
With respect to claim 35, You discloses the limitations of claim 34 above [see rejection of claim 34 in section 19 above], and further discloses an extension rod connected to the cleaning module housing, and wherein the water container defines an extension rod disposition recess that is recessed forward from a rear surface of the water container (extension rod 2, fig. 1;[0025] in recess [curved cutout at the rear of the water container] at 82, fig. 5; [0028]) the extension rod disposition recess being defined between the left storage and the right storage and configured to receive at least a part of the extension tube ([curved cutout at the rear of the water container] at 82 is between the left and right storage, as shown in fig. 6 above, see placement of extension rod in fig. 1 that shows the recess receiving the rod), however does not explicitly disclose an extension tube and extension tube disposition recess).
Garbe, in the same field of endeavor, related to cleaning, teaches of using an extension tube type handle (16, fig. 1; col 3 lines 39-50). Garbe teaches that this hollow construction makes it easy to assemble from a knockdown shipping arraignment (col 1, lines 10-30).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention to have modified You, and have provided a hollow extension tube [and the corresponding recess being extension tube disposition recess] in place of the handle [extension rod], for the purpose of making the arrangement easy to assemble. A person of ordinary skill in the art, would have also understood that hollow handles [being an extension tube] are lighter in weight than solid ones.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over You (WO 2008116381 A1) and further in view of Yang (US 20190328193 A1).
With respect to claim 29, You discloses the limitations of claim 18 above, however does not explicitly disclose wherein the water container further defines water supply holes at side surfaces of the water container, respectively, the water supply holes being configured to receive water.
Yang, in the same field of endeavor, related to cleaning, teaches of a water container with supply holes at side surfaces (supply holes 211, 212, fig .6 on both sides of the water tank 200 as in [0251]), the water supply holes being configured to receive water ([0251], to fill water]). Yang teaches that this arrangement makes it easy to fill water into the tank ([0251]).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention to have modified You, and have provided water supply holes at side surfaces of the water container, respectively, the water supply holes being configured to receive water, as taught by Yang, to make it easy to fill water.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over You (WO 2008116381 A1) and further in view of Collier (US 4875249 A) and Miner (US 20030088939 A1).
With respect to claim 31, You discloses the limitations of claim 30 above, however does not explicitly disclose wherein the upper housing comprises a thermal insulation coating surface that faces the heater. However, the upper housing of You forms an exterior outer surface of the cleaning module (see upper housing 11, fig. 4; [0024]; which encases the heater 6 as shown in fig. 3)
Collier, in the same field of endeavor, related to cleaning, teaches of insulating a steam cleaning head (col 5 lines 4-9 describes insulating 25, fig. 1, pointing to the outer surface of the steam cleaning head). Collier teaches that this ensures that the cuts down on heat loss and condensation within the cleaning head).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention to have modified You, and have insulated the upper housing of Yu, using the teachings of Coller, to prevent condensation and heat loss within the cleaning module.
As for the insulating the upper housing using a thermal insulation coating surface that faces the heater, Miner, in the same field of endeavor, related to cleaning, teaches of using a shell (housing) with an insulation coating ([0017,0053]). Miner teaches that this protects the user ([0055]).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention to have modified You, and have insulated the upper housing using a thermal insulation coating, applying the teachings of Miner, to protect the user. The arrangement of the coating would have faced the heater as either the inside surface or the outside surface of the coating would have faced the heater, as the outer housing encases the heater.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hsu (US 20040163199 A1) is a heated steam cleaning floor scrubber. Lin (US 6869065 B1) is a vapor floor cleaner. Oh (KR 20080100981 A) is a combined vacuum cleaner steam floor scrubber.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Huang whose telephone number is (571)272-6750. The examiner can normally be reached Monday to Thursday 6:30 am to 2:30 pm, Friday 6:30 am to 11:00 am (Eastern Time).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Steven Huang/Examiner, Art Unit 3723
/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723