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 .
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.
Status of Claims
Below is the Final Action on the Merits for claims 1 – 14.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 3, 7 – 10 and 13 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (U.S. Patent No. 2018/0184862 A1 in view of Horibe (WO 2021/024738 A1) and Koch (GB2588157) as cited by Applicant.
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Regarding Independent Claim 1, Choi teaches a cleaner (Fig. 1) comprising: a cleaner body (main body, 10); and a drum (brush, 21) that is rotatable in a first direction about a longitudinal axis of the drum (Paragraph [0046]), the drum (21) including: a drum body (body of 21) having a first portion (Annotated Fig. 3); a second portion (Annotated Fig. 3) and a diameter (Annotated Fig. 3), and a collecting portion (foreign material collector, 213), and a brush member (blades, 212) extending between the first end of the drum body and the second end of the drum body (Fig. 3), and protruding outwardly from the drum body (Fig. 2), wherein the drum (21) is configured so that: a distance from the longitudinal axis of the drum (Annotated Fig. 3) to an end tip of the brush member (212) is maintained across the first portion (Annotated Fig. 3), the collecting portion (Annotated Fig. 3), and the second portion (Annotated Fig. 3), and rotation of the drum (21) (guides intake of foreign substances into the cleaner body (Paragraph [0024]), and guides foreign substances wound about the drum toward the collecting portion (Paragraph [0024]).
Choi does not teach a first tapered portion having a first diameter that decreases from a first end of the drum body, at a first side of the cleaner body, along the longitudinal axis of the drum, a second tapered portion having a second diameter that decreases from a second end of the drum body, at a second side of the cleaner body, along the longitudinal axis of the drum; and a collecting portion at a position at which the first diameter of the first tapered portion and the second diameter of the second tapered portion are smallest; and a brush member extending uninterrupted between the first end of the drum body and the second end of the drum body.
Horibe, however, teaches the drum including: a drum body (Fig. 8); a first tapered portion (core rod portion, 161) having a first diameter that decreases from a first end of the drum body (Fig. 8), at a first side (124) of the cleaner body (120; Fig. 3), along the longitudinal axis of the drum (Fig. 8), a second tapered portion (core rod portion, 161) having a second diameter that decreases from a second end of the drum body (Fig. 8), at a second side (123) of the cleaner body (120; Fig. 3), along the longitudinal axis of the drum (Fig. 8); and a collecting portion (space, 118) at a position at which the diameter of the first tapered portion and the diameter of the second tapered portion are smallest (Fig. 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drum of Choi to further include a first tapered portion having a first diameter that decreases from a first end of the drum body, at a first side of the cleaner body, along the longitudinal axis of the drum, a second tapered portion having a second diameter that decreases from a second end of the drum body, at a second side of the cleaner body, along the longitudinal axis of the drum; and a collecting portion at a position at which the first diameter of the first tapered portion and the second diameter of the second tapered portion are smallest, as taught by Horibe, to provide a drum body that directs the foreign material to the collection portion, thus improving the cleaning capabilities of the drum.
Further, Kosh teaches a cleaner (2; Fig. 2) comprising a cleaner head (10; Fig. 1) and a drum (36; Fig. 4) including a brush member (agitator formations, 44 and 46) extending uninterrupted between the first end (L) of the drum body and the second end (R) of the drum body (Fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drum of Choi to further include a brush member extending uninterrupted between the first end of the drum body and the second end of the drum body, as taught by Kosh, to provide a drum body that has fewer weak points, thus resulting a highly resilient and durable brush that will have a longer expected life.
It would have been further obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drum of Choi to further include a brush member extending uninterrupted between the first end of the drum body and the second end of the drum body, as taught by Kosh, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art (MPEP 2144.04).
Regarding Claim 2, Choi, as modified, teaches the cleaner (Fig. 1) wherein the brush member (212) is obliquely formed between the first end of the drum body (Annotated Fig. 3) and the second end of the drum body in a second direction opposite to the first direction (Annotated Fig. 3).
Regarding Claim 3, Choi, as modified, teaches the cleaner (Fig. 1) wherein the brush member (212) is obliquely extending from the first end of the drum body to the collecting portion in a second direction opposite to the first direction (Annotated Fig. 3) and is obliquely extending from the second end of the drum body to the collecting portion in the second direction (Annotated Fig. 3).
Regarding Claim 7, Choi, as modified, teaches the cleaner (Fig. 1) wherein the collecting portion (213) is located at a center of the drum body (21) along the longitudinal axis of the drum (Annotated Fig. 3), and has a constant diameter (Annotated Fig. 3).
Regarding Claim 8, Choi, as modified, teaches the cleaner (Fig. 1) wherein the drum body (21) includes: a partition portion (23) located at a longitudinal center of the drum body (Fig. 4) and protruding outwardly along a circumferential direction of the drum body (21; Fig. 4), and the partition portion (23) divides the collecting portion (213) into a first collecting portion and a second collecting portion (First collection portion formed on a front of the drum body and the second collection portion formed on a rear side of the drum body separated by grinder, 23; Fig. 4).
Regarding Claim 9, Choi, as modified, teaches the cleaner (Fig. 1) wherein the first collecting portion (213; Fig. 4) and the second collecting portion (213; Fig. 4) are formed symmetrically with respect to the partition portion (23), and have a constant diameter (Fig. 4).
Regarding Claim 10, Choi, as modified, teaches the cleaner (Fig. 1) wherein the brush member (212) includes: a plurality of brush members (212 and 212a; Fig. 5) , and the plurality of brush members (Fig. 5) are spaced apart from each other along a circumferential direction of the drum body (21; Figs. 2 and 5).
Regarding Claim 13, Choi, as modified, teaches the cleaner (Fig. 1) wherein the brush member includes a bristle or a blade (Paragraph [0047]).
Regarding Claim 14, Choi, as modified, teaches the cleaner (Fig. 1) wherein the blade includes an elastic material (Paragraph [0050]).
Claims 4 – 6 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (U.S. Patent No. 2018/0184862 A1 in view of Horibe (WO 2021/024738 A1), Koch (GB2588157) as cited by Applicant and Hong (U. S. Patent Publication No. 2020/0315416 A1).
Regarding Claim 4, Choi, as modified, teaches the cleaner of clam 1 as discussed above.
Choi does not teach the drum body includes: a coupling portion protruding from the first tapered portion, the collecting portion, and the second tapered portion, and the brush member is couplable to the coupling portion.
Hong, however, teaches the drum body (60) includes: a coupling portion (blade base, 91) protruding from the first tapered portion (Fig. 12), the collecting portion (70), and the second tapered portion (Fig. 12), and the brush member (90) is couplable to the coupling portion (91).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drum of Choi to further include a coupling portion protruding from the first tapered portion, the collecting portion, and the second tapered portion, and the brush member is couplable to the coupling portion, as taught by Hong, to provide a drum body that allows for the blade member to be replaced, thus saving money in replacing the worn piece instead of the whole drum.
Regarding Claim 5, Choi, as modified, teaches the cleaner of clam 4 as discussed above.
Choi, as modified by Hong does not explicitly teach wherein the coupling portion is formed to have a height that increases in a direction from the first end of the drum body toward the collecting portion, and that increases in a direction from the second end of the drum body toward the collecting portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drum of Choi to further include the coupling portion is formed to have a height that increases in a direction from the first end of the drum body toward the collecting portion, and that increases in a direction from the second end of the drum body toward the collecting portion, as claimed, since such a modification would have involved a mere change in the size/shape of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art (MPEP 2144.04).
Regarding Claim 6, Choi, as modified, teaches the cleaner of clam 4 as discussed above.
Choi, as modified, does not teach the coupling portion is obliquely extending from the first end of the drum body to the collecting portion in a second direction opposite to the first direction and is obliquely extending from the second end of the drum body to the collecting portion in the second direction.
Hong, however, teaches the coupling portion (91) is obliquely extending from the first end of the drum body (Fig. 9), to the collecting portion (Fig. 9) in a second direction opposite to the first direction (Fig. 9) and is obliquely extending from the second end of the drum body to the collecting portion (70) in the second direction (Fig. 9).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drum of Choi to further include the coupling portion is obliquely extending from the first end of the drum body to the collecting portion in a second direction opposite to the first direction and is obliquely extending from the second end of the drum body to the collecting portion in the second direction, as taught by Hong, to provide a drum body that directs the foreign material to the collection portion, thus improving the cleaning capabilities of the drum.
Claims 11 – 12 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (U.S. Patent No. 2018/0184862 A1 in view of Horibe (WO 2021/024738 A1), Koch (GB2588157) as cited by Applicant and Lee et al. (U. S. Patent Publication No. 2021/0330153 A1).
Regarding Claim 11, Choi, as modified, teaches the cleaner of clam 10 as discussed above.
Choi does not teach wherein the drum includes: a rib protruding in a radial direction from the drum body along an outer circumferential surface of the drum body between respective brush members among the plurality of brush members.
Lee, however, teaches the drum (121) includes: a rib (121c) protruding in a radial direction from the drum body along an outer circumferential surface of the drum body (121) between respective brush members (121b) among the plurality of brush members (Fig. 5B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drum of Choi to further include a rib protruding in a radial direction from the drum body along an outer circumferential surface of the drum body between respective brush members among the plurality of brush members, as taught by Lee, to prevent foreign substances from getting tangled in the brush portion.
Regarding Claim 12, Choi, as modified, teaches the cleaner of clam 11 as discussed above.
Choi as modified by Lee does not explicitly teach wherein the rib is formed such that a height from the longitudinal axis of the drum to an end tip of the rib increases from the collecting portion to the first end the drum body, and from the collecting portion to the second end of the drum body.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drum of Choi to further include wherein the rib is formed such that a height from the longitudinal axis of the drum to an end tip of the rib increases from the collecting portion to the first end the drum body, and from the collecting portion to the second end of the drum body, as claimed, since such a modification would have involved a mere change in the size/shape of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art (MPEP 2144.04).
Response to Arguments
Applicant’s arguments, see Applicants Arguments/Remarks dated January 21, 2026 with respect to the rejection of claims 1 – 14 under 35 U.S.C. 112(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant’s arguments, see Applicants Arguments/Remarks dated January 21, 2026 with respect to the rejection of claims 1 – 14 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Kosh.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723