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 .
This Office action is in response to amendments filed on 12/18/2025. Claims 15-16, 19-21,and 23-26 are pending. The 35 USC 112(a) rejection of claim 15 is updated, as necessitated by the amendments, and the previously filed 35 USC 112(a) rejection for claim 22 is withdrawn due to the cancellation of the claim. Additionally, a new 35 USC 112(a) rejection is made in view of claim 20, as necessitated by the amendments. Due to the updated 35 USC 112(a) rejection, the Examiner addresses the priority date of the claimed subject matter (e.g. claims 15-16, 19-21, and 23-26 are not entitled to the benefit of the prior filed application). Further, the previously filed 35 USC 112(b) rejections are withdrawn.
For clarity of the record and consideration for amendments, the Examiner notes the subject matter of the abstract is not directed towards the claimed embodiment of the instant application and instead, directed towards the subject matter of the parent application 16/771989.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/09/2026 has been entered.
Priority
This application repeats a substantial portion of prior Application No. 16/771989, filed 06/11/2020, and adds disclosure not presented in the prior application. Because this application names the inventor or at least one joint inventor named in the prior application, it may constitute a continuation-in-part of the prior application. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120, 121, 365(c), or 386(c) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 16/771989, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The disclosure of the prior-filed application does not include support for a cleaner head comprising an agitator with a first and second agitator portion, wherein the first and second portions are cantilevered at respective ends of the portion(s), and wherein the housing has a lower opening that conforms in outline to a taper of the agitator, as required by amended claim 15. Please refer to 35 USC 112(a) rejection below for claim 15 for specific details. Accordingly, claims 15-16, 19-21, and 23-26 are not entitled to the benefit of the prior application.
Claim Objections
Claim 19 is objected to because of the following informalities:
Claim 19, consider amending to, --The cleaner head of claim 15, wherein each of the first and second agitator portions has a first end and a second end, and wherein each first end of the first and second agitator[[s]] portions is the respective end cantilevered .--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 15-16, 19-21,and 23-26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Newly amended claim 15 recites the limitation, “wherein the agitator comprises first and second agitator portions, each of which is cantilevered at a respective end within the housing; and wherein the housing has a lower opening and the lower opening conforms in outline to a taper of the agitator” which is not supported by applicant’s disclosure within the parent application 16/771989 and/or the priory document(s) GB1720704.4 (attached within instant disclosure; please refer to Priority section above for additional details).
In the Remarks filed on 12/18/2025, applicant refers to pp. [0009] and [0042] for support of “wherein the housing as a lower opening and the lower opening conforms in outline to a taper of the agitator” (p. 5 of Remarks). However, the Examiner notes pp. [0009] refers to an agitator extending across substantially the full width of the housing, wherein the housing has a lower opening that conforms in outline to the taper of the agitator. The embodiments corresponding to an agitator extending transversely across substantially the full width of the housing are figs. 12A to 13D, pp. [0087-0090]. These disclosed cleaner head embodiments include a single agitator (62) cantilevered from the housing and the housing includes a lower opening that may conform in outline to the taper of the agitator (e.g. conical shape depicted in figs. 12A-13D).
In regard to the claimed cleaner head for a vacuum cleaner comprising an agitator with first and second agitator portions each respectively cantilevered to the housing at respective ends of the agitator portions, the Examiner refers to pp. [0005-0012] and [0085] for support of “each of the first and second brush bar portions has substantially the same form as the brush bar according to the first aspect of the prevent invention” wherein the first aspect of the present invention is the “first embodiment of the agitator” which is designated by reference number 10 and shown in figs. 1-6. In this first embodiment, the agitator(s) takes the form of a brush bar comprising a main body, wherein the main body is substantially cylindrical in form (pp. [0068-0069] in instant disclosure). Therefore, in regard to the claimed cleaner head for a vacuum cleaner comprising first and second agitator portions cantilevered within the housing, if each of these agitator portions has substantially the same form as the brush bar 10 from figs. 1 and 6 embodiment (pp. [0068]), then the agitator portions are understood to be cylindrical in form, not tapered. Additionally, from pp. [0084-0085], an alternative cleaner head in fig. 9 is disclosed which includes a single agitator (600) that is substantially the same as the brush bar 10 (first embodiment), and differs in that the brush bar 600 is tapered along its length (e.g. conical shape depicted in fig. 9). Therefore, the recitation introduces New Matter, and it does not appear that applicant had possession of the claimed invention at the time the application was filed.
Further, claim 20 recites, “The cleaner head according to claim 15, wherein the agitator further comprises bristle tufts, bristle strips, or a surface conforming material” wherein claim 15 requires, “an agitator rotatably mounted completely within the housing.” The further limiting structure of claim 20 is not supported by applicant’s disclosure within the instant and/or parent application no. 16/771989 and/or the priority document(s) GB1720704.4 (attached within instant disclosure; please refer to Priority section above for additional details of the benefit date(s)). The applicant does not recite a specific area (col., line, page, and/or paragraph) of the disclosure that supports the amendments for “an agitator mounted completely within the housing [claim 15]…wherein the agitator further comprises bristle tufts, bristle strips, or a surface conforming material” [claim 20]. However, the Examiner refers to pp. [0072], [0077], [0085] and [0088] for the following explanation. As understood from pp. [0085] and fig. 10, the claimed cleaner head comprises an agitator comprising first and second agitator portions each cantilevered at respective ends of the agitator portion(s), wherein “each of the first and second brush bar portions has substantially the same form as the brush bar according to the first aspect of the prevent invention” wherein the first aspect of the present invention is the “first embodiment of the agitator” which is designated by reference number 10 and shown in figs. 1-6. The brush bar in figs. 1-6 comprise bristle strips, bristle tufts, or a surface conforming material (pp. [0072]) which contact the surface to be cleaned when rotated (pp. [0077]). Additionally, in an alternative embodiment shown in figs. 12A-13D (pp. [0088]), the cleaner head comprises a single agitator cantilevered to the housing, wherein the housing has an opening through which a portion of the agitator can project; during use of the cleaner head, the projection portion of the agitator will be able to contact and agitate a surface to be cleaned. As understood from pp. [0088], the projecting portions are surface agitating means 74 in the form of bristle tufts, bristle strips or a surface conforming material. Therefore, the disclosure does not include support for the agitator rotatably mounted completely within the housing, as required by the claim 15, and then the agitator further comprising surface agitating means (e.g. bristle tufts, strips, or surface conforming material), as required by claim 20, that are understood to project outside of the housing to contact the surface. Therefore, the recitation introduces New Matter, and it does not appear that applicant had possession of the claimed invention at the time the application was filed.
Claims 16, 19, 21, and 23-26 are rejected accordingly under 35 USC 112(a) since they are dependent on claim 15.
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 15-16, 19-21, and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Udy (US 2018/0070785) in view of Cao (CN 109441156), and further in view of Kirby (US Patent No. 1,265,791).
Regarding claim 15, Udy (US 2018/0070785) discloses a cleaner head (fig. 19 embodiment) for a vacuum cleaner (item 10; fig. 19), the cleaner head comprising:
a housing (front wider portion of item 12; designated in annotated fig. 19 below);
an agitator (items 18; pp. [0058]; fig. 19) rotatably mounted completely within the housing (via items 26, 28; pp. [0058]; figs. 18-19; wherein cylindrical body of agitator is mounted completely within housing 12, similar to applicant’s disclosure, refer to 35 USC 112(a) rejection above) in a transverse direction (defined as horizontal direction in view of fig. 19, i.e. transverse to direction of travel), such that the agitator is perpendicular to the direction of travel of the cleaner head during use (direction of travel defined by forward and backward motion in view of annotated fig. 19 below, agitator 18 extends transverse, i.e. perpendicular, to direction of travel and along the width of housing),
wherein the agitator comprises first (item 18a; fig. 19) and second agitator portions (item 18b; fig. 19), each of which is cantilevered at a respective end within the housing (designated in annotated fig. 19 below; each agitator portion 18a, 18b is mounted at one end via item 28 to be cantilevered in the housing 12; pp. [0058]),
wherein the housing has a lower opening (item 23; pp. [0038]; fig. 18).
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First Annotated Fig. 19.
Udy does not explicitly disclose wherein each portion of the agitator has a taper.
However, Cao (CN 109441156) teaches a cleaner head for a vacuum cleaner (fig. 4), wherein the cleaner head comprises an agitator (item 3) having a first agitator portion (left side item 5 in view of fig. 11) and a second agitator portion (right side item 5 in view of fig. 11), wherein each portion of the agitator has a taper (pp. [0059] in NPL document; each agitator gradually narrows towards one end, fig. 11), such that a first end has a larger diameter than a second end (both ends designated in annotated fig. 11 below, corresponding to first and second ends of agitator portions in annotated fig. 19 of Udy above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify the first and second agitator portions, as disclosed in Udy, to have a taper outline, i.e. gradual narrowing of shape, as taught in Cao, in order for the garbage and debris to be gathered quickly through the cleaner head and excessive garbage and debris can be prevented form suddenly gathering in the center of the dirt collecting channel (pp. [0054] in NPL document of Cao).
Further, both Udy and Cao are silent on the shape of the lower opening, such as the lower opening conforms in outline to the taper of the agitator portions, as required by the claim. However, Kirby (US Patent No. 1,265,791) teaches a cleaner head for a vacuum (figs. 1-2) comprising a housing (item 12; figs. 1-2) having a lower opening (item 16; fig. 2) conforming to an outline taper of the agitator portions (item 15 of lower opening conform to the corresponding shape of the agitator portions; fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the lower opening, as disclosed in Udy, to conform to the outline of the taper of the first and second agitators, as taught in Kirby, in order for the cleaner head to function as intended and provide a convenient space for the agitator portions to agitate the surface to be cleaned and assist in collecting debris (Kirby, ll. 117-121).
Regarding claim 16, Udy as modified discloses the cleaner head as claimed in 15, wherein the agitator extends transversely across less than a full width of the housing (items 18a, 18b of agitator do not extend across the full width of outer structure of item 12 in combination or individually; fig. 19).
Regarding claim 19, Udy as modified discloses the cleaner as claimed in claim 15, wherein each of the first and second agitator portions has a first end and a second end (both ends of each agitator portion 18a, 18b designated in second annotated fig. 19 below), and each of the first and second agitator portions is cantilevered at their respective first ends within the housing (each agitator portion 18a, 18b is cantilevered via items 26, 28 at the first ends; second annotated fig. 19 below).
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Udy Second Annotated Fig. 19.
Regarding claim 20, Udy as modified discloses the cleaner head as claimed in 15, wherein the agitator further comprises bristles tufts (items 40, 50; pp. [0036], [0042], [0052-0053]; fig. 6-11; when agitator portions are positioned in housing with bristle tufts extending horizontally in view of fig. 18, the agitator is completely within the housing).
Regarding claim 21, Udy as modified discloses the cleaner head as claimed in 15, wherein the agitator is driven by a belt (item 28; pp. [0058]; fig. 19) from a motor (item 26; fig. 19) located outside of the agitator (fig. 19).
Regarding claim 23, Udy as modified discloses the cleaner head as claimed in 15, wherein the first and second agitator portions are spaced apart, forming a gap (according to Dictionary.com, “gap” is defined as a break or spaced in an object or between two objects; therefore, item 42 is a gap between the first 18a and second 18b agitator portions in which drive mechanism 28 fits between; fig. 19).
Regarding claim 24, Udy as modified discloses the cleaner as claimed in 15, wherein the housing further comprises a neck (neck is defined as narrower portion of item 12; designated in first annotated fig. 19 above) suitable for connection to a vacuum cleaner (via item 14; fig. 2), wherein the neck is arranged to project (according to The Free Dictionary, “project” is defined as extending outward beyond something else; therefore, the narrower portion of item 12 extends beyond the housing, which is defined as the wider front portion of item 12, in the upward direction in view of fig. 19 above) from the housing at a point between the first and second agitator portions of the agitator (the neck extends along a space between the first and second agitator portions, i.e. along the gap region, as designated in first annotated fig. 19 above).
Regarding claim 25, Udy as modified discloses the cleaner as claimed in 24, wherein the neck projects from the housing at a mid-point between the first and second agitator portions of the agitator (mid-point defined at item 42, i.e. gap, of housing; therefore, neck projects from the housing at the gap; fig. 19).
Regarding claim 26, Udy discloses a vacuum cleaner (item 10; fig. 19) comprising the cleaner head of claim 15.
Response to Arguments
Applicant's arguments with respect to independent claim 15 have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. Upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of the same primary reference, Udy (US 2018/0070785), the same teaching reference, Cao (CN 109441156), and further in view of a new teaching reference, Kirby (US Patent No. 1,265,791).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Odachi (US 2010/0107357) disclose a cleaner head for a vacuum cleaner comprising a housing, an agitator comprising first and second agitator portions, wherein the agitator portions include a taper.
Brown (US 2019/0320865) discloses a cleaner head comprising a housing, a first agitator portion cantilevered to the housing, and a second agitator portion cantilevered to the housing on an opposing wall of the housing from the first agitator portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (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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/SIDNEY D FULL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723