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 .
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.
Claims 1-3 are finally rejected under 35 U.S.C. 102(a)(1) as anticipated by Erlich et al. (US 2002/0129839).
Per claim 1, Erlich et al. teach an automatic swimming pool cleaner ([0001] The invention relates to methods and apparatus for propelling automated or robotic swimming pool and tank cleaners and for controlling the scanning or traversing patterns of the automated cleaners with respect to the bottom and sidewalls of the pool or tank.) comprising:
a body (12) defining an inlet for receiving water of a swimming pool (Fig. 14, bottom of the pool cleaner), wherein the automatic swimming pool cleaner comprises a first end, a second end opposite the first end, and opposing lateral sides between the first and second ends, wherein the first end or the second end forms a leading end when the automatic swimming pool cleaner is moving along a surface of a swimming pool (Fig. 14);
motive elements (30) at the opposing lateral sides and configured to move the body along the surface of the swimming pool (Fig. 14; [0054] FIG. 13 is a side elevation, partly in cross-section, of a pool cleaner equipped with the water jet valve assembly of the invention and external pressurized water source with venturi discharge outlets; [0055] FIG. 14 schematically illustrated an embodiment similar to that of FIG. 13 in which the filter system is externally mounted;); and
outlets (192) for exhausting the water from the lateral sides of automatic swimming pool cleaner the body (Fig. 14; [0102] FIG. 14 illustrates another embodiment of the invention in which the cleaning robot is operated by an external pump (not shown). As shown in the cross-sectional view, the cleaner is provided with two external coarse filter or collector bags 173 that are secured to the outlets of the venturi chambers 192. Outlet jets 194, fed by hoses 193, are positioned in the chambers 192. Water issuing from jets 194 creates a low pressure zone drawing up water and loose debris from beneath cleaner 10, the debris being retained by filter bag 173.), wherein the outlets are further angled away from the surface (Fig. 14).
Per claim 2, Erlich et al. teach an automatic swimming pool cleaner ([0001] The invention relates to methods and apparatus for propelling automated or robotic swimming pool and tank cleaners and for controlling the scanning or traversing patterns of the automated cleaners with respect to the bottom and sidewalls of the pool or tank.) comprising:
a body (12) defining an inlet for receiving water of a swimming pool (Figs. 13, 14, bottom of pool cleaner), wherein the automatic swimming pool cleaner comprises a front end and a back end arranged along a direction of travel of the automatic swimming pool cleaner (Figs. 13, 14), the automatic swimming pool cleaner further comprising opposing lateral sides between the front end and the back end (Figs. 13, 14);
at least two motive elements (30), wherein the at least two motive elements are at the opposing lateral sides and are configured to move the body along a surface of a swimming pool (Fig. 14; [0054] FIG. 13 is a side elevation, partly in cross-section, of a pool cleaner equipped with the water jet valve assembly of the invention and external pressurized water source with venturi discharge outlets; [0055] FIG. 14 schematically illustrated an embodiment similar to that of FIG. 13 in which the filter system is externally mounted;); and
an outlet (192) for exhausting the water from the one of the lateral sides (Fig. 14; [0102] FIG. 14 illustrates another embodiment of the invention in which the cleaning robot is operated by an external pump (not shown). As shown in the cross-sectional view, the cleaner is provided with two external coarse filter or collector bags 173 that are secured to the outlets of the venturi chambers 192. Outlet jets 194, fed by hoses 193, are positioned in the chambers 192. Water issuing from jets 194 creates a low pressure zone drawing up water and loose debris from beneath cleaner 10, the debris being retained by filter bag 173.), wherein the outlet is angled away from the motive elements and angled away from one of the opposing lateral sides of the automatic swimming pool cleaner (Fig. 14).
Per claim 3, Erlich et al. teach an automatic swimming pool cleaner ([0001] The invention relates to methods and apparatus for propelling automated or robotic swimming pool and tank cleaners and for controlling the scanning or traversing patterns of the automated cleaners with respect to the bottom and sidewalls of the pool or tank.) comprising:
a body (12) defining an inlet for receiving water of a swimming pool (Figs. 13, 14, bottom of pool cleaner), wherein the automatic swimming pool cleaner comprises a first end, a back end opposite the first end, and opposing lateral sides between the first and second ends, wherein the first end or the second end forms a leading end when of the automatic swimming pool cleaner is moving along a surface of a swimming pool (Figs. 13,14);
motive elements (30) at the opposing lateral sides of the body and configured to move the body along the surface of the swimming pool (Fig. 14; [0054] FIG. 13 is a side elevation, partly in cross-section, of a pool cleaner equipped with the water jet valve assembly of the invention and external pressurized water source with venturi discharge outlets; [0055] FIG. 14 schematically illustrated an embodiment similar to that of FIG. 13 in which the filter system is externally mounted;); and
an outlet (192) for exhausting the water from the one of the opposing lateral sides of the automatic swimming pool cleaner body (Fig. 14; [0102] FIG. 14 illustrates another embodiment of the invention in which the cleaning robot is operated by an external pump (not shown). As shown in the cross-sectional view, the cleaner is provided with two external coarse filter or collector bags 173 that are secured to the outlets of the venturi chambers 192. Outlet jets 194, fed by hoses 193, are positioned in the chambers 192. Water issuing from jets 194 creates a low pressure zone drawing up water and loose debris from beneath cleaner 10, the debris being retained by filter bag 173.), wherein the outlet is angled upwards and away from one of the motive elements at one of the opposing lateral sides (Fig. 14).
Claim 2 is finally rejected under 35 U.S.C. 102(a)(1) as anticipated by Puech et al. (WO 2017/108541, the passages cited below refer to the machine-generated English translation provided by the examiner with the instant office action).
Per claim 2, Puech et al. teach an automatic swimming pool cleaner (page 1, The present invention relates to the field of cleaning a pool by means of a robot.) comprising:
a body (4, 10) defining an inlet for receiving water of a swimming pool (the body inherently has an inlet otherwise water would not be able to enter the body for eventual displacement from outlets 42c), wherein the automatic swimming pool cleaner comprises a front end and a back end arranged along a direction of travel of the automatic swimming pool cleaner (Figs. 1, 2), the automatic swimming pool cleaner further comprising opposing lateral sides between the front end and the back end (Fig. 1);
at least two motive elements (2), wherein the at least two motive elements are at the opposing lateral sides and are configured to move the body along a surface of a swimming pool (page 2, The wheels 2 are adapted to come into contact with the bottom of a pool and maintain the main body 10 of the cleaning robot 1 at a predetermined distance from said bottom.; page 5, The traveling wheel trains 1 1, 12 are mounted idle, that is to say, that they are not mechanically trained. Thus, the wheels 2 make it possible essentially to provide guidance for the cleaning robot 1.); and
an outlet (42c) for exhausting the water from the one of the lateral sides (page 5, In this example, with reference to FIG. 1, the cleaning robot 1 comprises a hydraulic propulsion displacement system 4 which comprises a plurality of water outlets, in particular a front outlet 42a, a central rear outlet 42b and two lateral outlets 42c.), wherein the outlet is angled away from the motive elements (Fig. 1, 3, here it is shown that the outlets are above the motive elements and face outwardly (i.e., way) from the outlets) and each outlet 42c is angled away from one of the opposing lateral sides of the automatic swimming pool cleaner (Fig. 3, e.g., the outlet on the right rear side of the pool cleaner faces away from the left side of the pool cleaner).
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.
Claims 1 and 3 are finally rejected under 35 U.S.C. 103 as being unpatentable over Puech et al. (WO 2017/108541) in view of Erlich et al. (US 2002/0129839).
Per claim 1, Puech et al. disclose an automatic swimming pool cleaner (page 1, The present invention relates to the field of cleaning a pool by means of a robot.) comprising:
a body (4,10) defining an inlet for receiving water of a swimming pool (the body inherently has an inlet otherwise water would not be able to enter the body for eventual displacement from outlets 42c), wherein the automatic swimming pool cleaner comprises a first end, a second end opposite the first end, and opposing lateral sides between the first and second ends, wherein the first end or the second end forms a leading end when the automatic swimming pool cleaner is moving along a surface of a swimming pool (Figs. 1, 2);
motive elements (2) at the opposing lateral sides and configured to move the body along the surface of the swimming pool (page 2, The wheels 2 are adapted to come into contact with the bottom of a pool and maintain the main body 10 of the cleaning robot 1 at a predetermined distance from said bottom.; page 5, The traveling wheel trains 1 1, 12 are mounted idle, that is to say, that they are not mechanically trained. Thus, the wheels 2 make it possible essentially to provide guidance for the cleaning robot 1.); and
outlets (42c) for exhausting the water from the lateral sides of automatic swimming pool cleaner the body (page 5, The traveling wheel trains 1 1, 12 are mounted idle, that is to say, that they are not mechanically trained. Thus, the wheels 2 make it possible essentially to provide guidance for the cleaning robot 1.). Puech et al. do not disclose wherein the outlets are further angled away from the surface.
Erlich et al. disclose wherein outlets (120) are angled away from the surface (Fig. 8, 14) in order to, for example, apply both downward and translational forces on an automatic pool cleaner ([0093] The water jet discharged from the elbow 120 at an angle "a" to the transnational plane of movement of the cleaner 10 produces a force vector component in a downward direction towards the wheels 30 as well as a transnational force vector tending to move the cleaner across the surface being cleaned.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the cleaner or Puech et al. such that it comprises wherein the outlets are further angled away from the surface in order to, for example, apply downward and translational forces on an automatic pool cleaner.
Per claim 3, Puech et al. disclose an automatic swimming pool cleaner (page 1, The present invention relates to the field of cleaning a pool by means of a robot.) comprising:
a body (4, 10) defining an inlet for receiving water of a swimming pool (the body inherently has an inlet otherwise water would not be able to enter the body for eventual displacement from outlets 42c), wherein the automatic swimming pool cleaner comprises a first end, a back end opposite the first end, and opposing lateral sides between the first and second ends, wherein the first end or the second end forms a leading end when of the automatic swimming pool cleaner is moving along a surface of a swimming pool (Figs. 1, 2);
motive elements (2) at the opposing lateral sides of the body and configured to move the body along the surface of the swimming pool (page 2, The wheels 2 are adapted to come into contact with the bottom of a pool and maintain the main body 10 of the cleaning robot 1 at a predetermined distance from said bottom.; page 5, The traveling wheel trains 1 1, 12 are mounted idle, that is to say, that they are not mechanically trained. Thus, the wheels 2 make it possible essentially to provide guidance for the cleaning robot 1.); and
an outlet (42c) for exhausting the water from the one of the opposing lateral sides of the automatic swimming pool cleaner body (page 5, In this example, with reference to FIG. 1, the cleaning robot 1 comprises a hydraulic propulsion displacement system 4 which comprises a plurality of water outlets, in particular a front outlet 42a, a central rear outlet 42b and two lateral outlets 42c.), wherein the outlet is angled away from one of the motive elements at one of the opposing lateral sides (Fig. 3, e.g., the outlet on the right rear side of the pool cleaner faces away from the left side of the pool cleaner). Puech et al. do not disclose wherein the outlet is angled upwards.
Erlich et al. disclose angling an outlet (120) upwards (Fig. 8, 14) in order to, for example, apply downward and translational forces on an automatic pool cleaner ([0093] The water jet discharged from the elbow 120 at an angle "a" to the transnational plane of movement of the cleaner 10 produces a force vector component in a downward direction towards the wheels 30 as well as a transnational force vector tending to move the cleaner across the surface being cleaned.).
Accordingly, it would have been readily obvious for the skilled artisan to modify the cleaner or Puech et al. such that it comprises the outlet being upwardly angled in order to, for example, apply downward and translational forces on an automatic pool cleaner.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
For the reasons provided above, a holdings of anticipation and obviousness are required.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRED PRINCE whose telephone number is (571)272-1165. The examiner can normally be reached M-F: 0900-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bobby Ramdhanie can be reached at (571)270-3240. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRED PRINCE/
Primary Examiner
Art Unit 1779