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 .
General Acknowledgement
The Examiner notes that this application is currently filed without a power of Attorney and is being prosecuted by the inventor (“Pro Se”). The Examiner suggests calling 571-272-8383 (Examiner’s direct line) with any questions about this office action or any problems that arise during the patent process of the instant application. Communication can be done via email but written authorization is needed by first filing form PTO-439. The USPTO will NOT respond via Internet e-mail to any Internet correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122 without a signed written authorization by applicant in place.
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Claim Objections
Claim 8 objected to because of the following informalities: “wall defined as a detachably base” should be “wall is defined as a detachable base”. Appropriate correction is required.
Claim 14 objected to because of the following informalities: “a tap extending” should be “a tab extending”. Appropriate correction is required.
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.
Claims 9 and 14 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.
Claim 9 recites the limitation "the base". There is insufficient antecedent basis for this limitation in the claim which renders the claim indefinite as it is unclear which base is being claimed. The Examiner notes that this indefiniteness may be resolved from having claim 9 either define a base or to depend from claim 8 which defines a detachable base.
Claim 14 recites the limitation “the housing”. There is insufficient antecedent basis for this limitation in the claim which renders the claim indefinite as it is unclear which housing is being claimed or whether the claimed housing is the vacuum housing of parent claim 1. It would appear that the Applicant intended for this claim to depend from one of claims 5-6 which both have a defined housing of the power source assembly however the claim depends instead from claim 1.
Claim Rejections - 35 USC § 103
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 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) 1-3, 7-11, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2008005014 to Barker in view of US 20180263446 to Hayamitsu.
(a) Regarding claim 1:
(i) Barker discloses a dustpan apparatus integrated with a vacuum assembly (see abstract), comprising:
a dust collector assembly having a top wall (shroud 25 and nose 45, Figs 1/3), a bottom wall (platen 23 and trap door 34, Figs 2-3) and a rear wall (wall receiving filter 43, Fig 3),
wherein at least a portion of a periphery of the top wall, the bottom wall and the rear wall adjoins to define a vacuum housing (portions defining chamber 32, Fig 3) having a front suction inlet (slot/gap 54, Fig 3),
wherein the top wall defines a dust pan configuration (Fig 1);
a handle attached to the dust collector assembly (handle 14, Figs 1/3);
a motor assembly (motor 36 and fan 41, Fig 3) in fluid communication with the suction inlet of the vacuum housing (Fig 3);
a filter (43, Fig 3) assembly disposed between the vacuum housing and the motor assembly (Fig 3),
wherein the motor assembly is configured to generate an air stream (airflow shown by arrows from inlet to openings 45, Fig 3) from the suction inlet to the vacuum housing (Fig 3), thereby enabling suction of debris via the suction inlet (see abstract, Fig 3).
(ii) Barker does not disclose a motherboard connected to the motor assembly.
(iii) Hayamitsu is also in the field of vacuums and teaches a motor assembly (motor 10, Fig 3) and a motherboard (motherboard 50, Fig 3) connected to the motor assembly.
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified dustpan apparatus as disclosed by Barker with the above aforementioned motherboard as taught by Hayamitsu for the purpose of driving the motor (Par 0100).
(b) Regarding claim 2:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker further discloses wherein the handle extends from the rear wall of the dust collector assembly in substantially a C-shaped configuration (Figs 2-3).
(c) Regarding claim 3:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker further discloses wherein the motor assembly is disposed within the handle (Fig 3).
(d) Regarding claim 7:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker further discloses wherein the top wall extends beyond an end portion of the bottom wall (nose 45 extends beyond bevel 29 of platen 23, Fig 3) and terminates at an angle downwards with respect to the bottom wall to form a beveled edge to facilitate to sweep dust over the dust pan configuration with ease (Fig 3).
(e) Regarding claim 8:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker further discloses wherein a portion of the bottom wall defined as a detachably base (trap door 34, Figs 2-3).
(f) Regarding claim 9:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker further discloses wherein the rear wall comprises an opening (space containing filter 43, Fig 3) and the filter assembly is removably disposed at the opening (filter is removeable/changeable; Page 7 Ln 9), wherein the filter assembly is configured to slide and detach from the rear wall after removal of a base (trap door 34, Figs 2-3).
(g) Regarding claim 10:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker further discloses wherein the handle comprises a front portion attached to the rear wall of the dust collector assembly (front portion of handle 14 including ports 45, Fig 3).
(h) Regarding claim 11:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 10.
(ii) Barker further discloses wherein the front portion comprises an aperture configured to fluidly connect the motor assembly to the vacuum housing (one large aperture on rear side of filter 43, Fig 3).
(iii) Barker does not disclose wherein the aperture comprises a plurality of apertures.
(iv) Modifying an aperture to comprise a plurality of apertures is mere duplication of parts and supports a prima facie obviousness determination, see MPEP 2144.04(VI)(B).
(v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aperture as disclosed by Barker to be a plurality of apertures as claimed through mere duplication of parts, see MPEP 2144.04(VI)(B).
(i) Regarding claim 14:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker as modified by Hayamitsu does not teach wherein the power source assembly comprises a tap extending from the housing, wherein the tab enables to detach the power source assembly from the handle.
(iii) Barker already discloses a tab extending from a housing (unlabeled tab at front of trap 34, Fig 3) which enables removal of the bottom plate and modifying a housing of the power source assembly to allow its detachment from the handle would require mere duplication of parts which supports a prima facie obviousness determination, see MPEP 2144.04(VI)(B).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the power source assembly as disclosed by Barker to comprise a tab as claimed through mere duplication of parts, see MPEP 2144.04(VI)(B).
(j) Regarding claim 15:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker as modified by Hayamitsu further teaches a switch connected to the motherboard (trigger 53, Fig 3) to enable to control an operation of the apparatus (Pg 8 Ln 16 – Pg 9 Ln 2).
(iii) Barker as modified by Hayamitsu further teaches wherein the switch is disposed at a bottom portion of the handle (Fig 3) and therefore does not teach wherein the switch is disposed at a top portion of the handle.
(iv) The Applicant has disclosed no criticality, nor any new or unexpected results, from having the switch be disposed at a top portion of the handle and the prior art would perform the same having the switch disposed at a top portion of the handle. Modifying the switch of the prior art to be disposed at the top of the handle would require mere rearrangement of parts which supports a prima facie obviousness determination, see MPEP 2144.04(VI)(C).
(v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the switch as disclosed by Barker to be disposed at a top portion of the handle as claimed as an obvious matter of design choice requiring mere rearrangement of parts, see MPEP 2144.04(VI)(C)
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2008005014 to Barker in view of US 20180263446 to Hayamitsu as applied to claim 1 above, and further in view of US 11478119 to Irfan.
(a) Regarding claim 4:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker as modified by Hayamitsu further teaches a power source assembly (Barker: batteries 38 and power source 16, Fig 3) configured to supply power to the apparatus (Barker: Pg 6 Lns 6-8), wherein the power source assembly is disposed as a portion of the handle (Barker: Fig 3), wherein the power source assembly is connected to the motherboard and the motor assembly (Barker: Pg 6 Lns 6-8 and Pg 7 Lns 3-6).
(ii) Barker as modified by Hayamitsu does not teach wherein the power source assembly is rechargeable and configured to detach from the handle.
(iii) Irfan is also in the field of vacuums (see title) and teaches a power source assembly (battery 138, Figs 5A-5B) that is rechargeable and configured to detach from a handle (Col 3 Lns 29-31).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the power source assembly as taught by the combined teachings of Barker as modified by Hayamitsu with the above aforementioned power source assembly as taught by Irfan for the purpose of providing rechargeable and removeable/replaceable power to the motor and other electrical components (Col 3 Lns 29-31).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2008005014 to Barker in view of US 20180263446 to Hayamitsu in further view of US 11478119 to Irfan as applied to claim 4 above, and further in view of US 12092289 to Chien.
(a) Regarding claim 5:
(i) Barker as modified by Hayamitsu as further modified by Irfan teaches the apparatus of claim 4.
(ii) Barker as modified by Hayamitsu as further modified by Irfan further teaches wherein the power source assembly comprises a housing (Barker: portion of shell 12 defining power source 16, Fig 3), and a power source disposed within the housing (Barker: power source 16, Fig 3).
(iii) Barker as modified by Hayamitsu as further modified by Irfan does not teach wherein the power source assembly comprises at least one AC to DC transformer and one or more electrical connectors, wherein the electrical connector extends from an exterior side of the housing.
(iv) Chien teaches a power source assembly comprising a housing (body 101, Fig 1), a power source disposed within the housing (rechargeable battery 106, Fig 1), at least one AC to DC transformer (AC to DC circuit 107, Fig 1) and one or more electrical connectors (folding prong 103 and rotating base 104, Fig 1).
(v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the power source assembly as taught by the combined teachings of Barker as modified by Hayamitsu as further modified by Irfan with the above aforementioned AC to DC transformer and one or more electrical connectors as taught by Chien for the purpose of having a power source rechargeable from an AC power source (Col 10 Lns 58-60).
(b) Regarding claim 6:
(i) Barker as modified by Hayamitsu as further modified by Irfan as even further modified by Chien teaches the apparatus of claim 5.
(ii) Chien further teaches wherein the electrical connector is movable between an extended position (as shown in Fig 1) and a storage position (when folding pront 103 and rotating base 104 are within compartment 105, Fig 1), wherein the electrical connector is configured to rest in a groove (compartment 105, Fig 1) defined on the housing in the storage position, and the electrical connector is configured to pivotally move away from the groove to the extended position (folding prong 103 and rotating base 104 are rotatable, Fig 1, Col 10 Lns 53-54).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2008005014 to Barker in view of US 20180263446 to Hayamitsu as applied to claim 1 above, and further in view of US 8607405 to Reed.
(a) Regarding claim 12:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker does not disclose one or more indicators configured to indicate a capacity of the power source and charging status of the power source.
(iii) Reed is also in the field of power sources (see title) and teaches an indictor (LED indictor 320, Fig 12) configured to indicate a capacity of a power source and charging status of the power source (Col 7 Lns 29-43).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus as disclosed by Barker to further comprise the indicator as taught by Reed for the purpose of indicating a capacity of the power source and charging status of the power source (Col 7 Lns 29-43).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2008005014 to Barker in view of US 20180263446 to Hayamitsu as applied to claim 1 above, and further in view of
US 20240381993 to Owoc (par 0095)
(a) Regarding claim 13:
(i) Barker as modified by Hayamitsu teaches the apparatus of claim 1.
(ii) Barker does not disclose a floor grip disposed at a base of the handle configured to provide grip while the apparatus is placed on a surface.
(iii) Owoc is also in the field of dust pans (see abstract) and teaches a floor grip (activation point 48, Fig2D near P4) at a base of a handle configured to provide grip while an apparatus is placed on a surface (Par 0095).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus as disclosed by Barker with the above aforementioned floor grip as taught by Owoc for the purpose of gripping a floor and firmly fixing the dust pan for sweeping debris thereonto (Par 0095).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20110088204 to Kim teaches a portable handheld vacuum comprising rechargeable batteries and a rotatable, fold out power connector (160, Fig 1). US 20080284371 to Hsu teaches a portable and rechargeable power source comprising indicators (23), and AC to DC transformer, and extending AC power connectors (72, Fig 3).
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/JUSTIN A PRUITT/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745