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 .
Abstract
The Abstract (last 3 lines) includes a statement regarding the merits of the invention, but this is not allowed according to MPEP 608.01 (b) I.
Claim Objections
Claim 1 is objected to because of the following informalities:
Lines 5-6 recite “at outer peripheral surface”, which is incorrect grammar.
Lines 6-7 recite “at outer peripheral surface”, which is incorrect grammar.
Line 8 recites “at outer peripheral surface”, which is incorrect grammar.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “second rotation assisting member” (claim 4, line 4) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the stopper (page 8, 3rd paragraph) and the connecting portion (page 8, 5th paragraph), as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
On page 9, line 6, there is a typo (30ody).
Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a first rotation assisting member” in claim 4, line 2.
“a second rotation assisting member” in claim 4, line 4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The last line recites “an appropriate” frictional resistance, and it is unclear what level of frictional resistance is appropriate.
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 1-9 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Joo (US 2003/0163888) or, in the alternative, under 35 U.S.C. 103 as obvious over Joo (US 2003/0163888) in view of Baek (US 2006/0236491).
As to claim 1, Joo includes a dust collecting device, wherein, the dust collecting device comprises a main body (110) with an opening (The hole at the bottom of 110; Fig. 2 and 4), a first dust collector (The left 140/142 of Fig. 4) with a first dust collecting brush (The left 142 of Fig. 4) for collecting dust, and a second dust collector (The left 140/142 of Fig. 4) with a second dust collecting brush (The right 142 of Fig. 4) for collecting dust (Rollers 140 sweep dust meant to be vacuumed up; para 16 and 38); the first dust collector and the second dust collector are rotatably held in parallel inside the main body (para 25 and Fig. 4); the opening is arranged at an outer peripheral surface (The opening is at an outer rectangular edge of 110) of the main body (Fig. 2 and 4); the first dust collecting brush is arranged at an outer peripheral surface of the first dust collector, the second dust collecting brush is arranged at an outer peripheral surface of the second dust collector (Each 142 is at the outer edge of 140/142; Fig. 3), one part (The bottom half of left 140/142 of Fig. 4) of the first dust collector is arranged at the opening so as to exposed from the main body; one part (The bottom half of right 140/142 of Fig. 4) of the second dust collector is arranged at the opening so as to exposed from the main body (Fig. 4); the first dust collecting brush and the second dust collecting brush are alternately moved in and out from the opening (When each brush rotates, it moves into the opening followed by moving out of the opening); when the first dust collecting brush is at the opening, the first dust collecting brush is inclined toward the second dust collector (A portion of the first brush is sloped toward the second brush); when the second dust collecting brush is at the opening, the second dust collecting brush is inclined toward the first dust collector (A portion of the second brush is sloped toward the first brush).
Joo does not include a conventional first and second dust collecting brush (140/142 is not a standard brush).
Baek includes a dust collecting device including a first and second brush (202; para 6 and Fig. 1).
It would have been obvious to substitute ribs 142 for the brushes of Baek, in order to provide a dust collector that sweeps dirt more effectively (Baek has more protruding brush segments than Joo).
As to claim 2, wherein, the first dust collector and the second dust collector both have a cylindrical shape (Fig. 3).
As to claim 3, wherein, the first dust collector and the second dust collector are configured to pivot in conjunction with each other in the same direction (Driving gear 171 rotates the two gears 173 in the same direction because the first gear 173 is left of it and the second gear 173 is right of it; Fig. 4).
As to claim 4, wherein, the first dust collector further comprises a first rotation assisting member (The first 150) arranged at the outer peripheral surface of the first dust collector (Fig. 3), the second dust collector further comprises a second rotation assisting member (The second 150) arranged at the outer peripheral surface of the second dust collector (Fig. 3), and the first rotation assisting member and the second rotation assisting member have an appropriate frictional resistance (Each 150 presses against 116 to limit rotation of the dust collectors about the axis of 135, and has enough friction to prevent rotation too far; Fig. 4-5 and para 41).
As to claim 5, wherein, the dust collecting device further comprises a stopper (Hooking protrusions 116) arranged in the main body (para 41 and Fig. 4-5), and the stopper is configured to lock the rotation of the first dust collector and the second dust collector (Fig. 4-5 shows elements 116 locking rotation of each dust collector about the axis through 135).
As to claim 6, wherein, the first dust collector further comprises a first pivoting shaft (The shaft inside of the left 140 of Fig. 4) with a first gear (The left 173 of Fig. 3) provided at the end, the second dust collector further comprises a second pivoting shaft (The shaft inside of the right 140 of Fig. 4) with a second gear (The right 173 of Fig. 3) provided at the end; the first gear and the second gear are connected by a third gear (173), the first gear and the second gear are provided with a locking portion (The components of 150; Fig. 3) that regulates a pivot range and are in contact with the stopper to regulate a rotation range (The components of 150 limit the pivot range of the first dust collector about the axis through 135 and limit the rotation range of the second dust collector about the axis).
As to claim 7, Joo does not include: wherein, a brush tip of the first dust collecting brush and a brush tip of the second dust collecting brush are configured so that a part of the brush tip of the first dust collecting brush and a part of the brush tip of the second dust collecting brush come into contact with each other.
Baek includes a dust collecting device including a first and second brush (202; para 6 and Fig. 1), and wherein, a brush tip of the first dust collecting brush and a brush tip of the second dust collecting brush are configured so that a part of the brush tip of the first dust collecting brush and a part of the brush tip of the second dust collecting brush come into contact with each other (The tip of the first brush 202 touches the tip of the second brush 202; Fig. 1).
It would have been obvious to substitute ribs 142 for the brushes of Baek, which are longer and touch, in order to provide a dust collector that sweeps dirt more effectively (Baek has more protruding brush segments than Joo and long bristles that reach into deeper crevices).
As to claim 8, wherein, the main body has a connecting portion (111) to which an electric vacuum cleaner (The “vacuum cleaner”; para 24) can be connected.
As to claim 9, Joo includes an electric vacuum cleaner (The “vacuum cleaner”; para 24), wherein, the electric vacuum cleaner comprises a dust collecting device according to claim 1, as seen in the rejection of claim 1 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica S. Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW A HORTON/Primary Examiner, Art Unit 3723