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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/25/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings submitted on 01/09/2024 are being considered by the examiner.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 cleaning element” in claims 1 and 19, “a mounting assembly coupling the cleaning element to the handle” in claim 4 and “a locking mechanism operable to retain the adapter in one of the plurality of positions” in claims 8 and 19.
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 § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7, 8, and 11-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasper (US 2019/0380554, cited on 07/25/2024 IDS).
Regarding claim 1, Kasper discloses a cleaning device (fig. 1, steam mop sweeper 10) comprising:
a handle having a longitudinal axis (fig. 1, handle assembly 12 has a longitudinal axis along a handle tube 20);
a cleaning element movably coupled to the handle (fig. 1 and ¶ 0030, the handle assembly 12 is pivotally mounted to a base assembly 14 [corresponds to the recited cleaning element]; ¶ 0033, a mop cloth 86 is attached to a lower surface of the base assembly 14); and
a flexible conduit fluidly connectable to the cleaning element, the flexible conduit being positionable within an interior of the handle (figs. 1 and 4 and ¶ 0033, a water tube 73 [corresponds to the flexible conduit] fluidly conveys fluid from a water tank assembly 64 to a spray nozzle 77 in the base assembly 14 [corresponds to the recited cleaning element]. A water tank assembly 64 is mounted in a lower handle 18. The water tube 73 is disposed below the water tank assembly 64, thus the water tube 73 is positioned within an interior of the handle);
wherein the cleaning element is movable relative to the handle about a first axis and a second axis when the flexible conduit is fluidly coupled to the cleaning element, both the first axis and the second axis being arranged at an angle relative to the longitudinal axis (fig. 6 and ¶ 0038, pivot arms 103 define an axis [corresponds to the recited first axis] enabling the handle assembly 12 to rotate forwardly and rearwardly with respect to the base assembly 14 [corresponds to the recited cleaning element]. Pivot arms 107 defines an axis [corresponds to the recited second axis] enabling the handle assembly 12 to rotate side-to-side with respect to the base assembly 14; see annotated Kasper fig. 5 below for the recited first axis, second axis, and longitudinal axis. The first axis and the second axis are arranged at an angle relative to the longitudinal axis; figs. 4 and 6 and ¶ 0037, the water tube 73 [corresponds to the flexible conduit] is connected to a handle pivot assembly 100 for pivotally mounting the handle assembly 12 to the base assembly 14 [corresponds to the recited cleaning element]).
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Annotated Kasper Fig. 5
Regarding claim 2, Kasper discloses the cleaning device as in the rejection of claim 1, wherein an orientation of the cleaning element remains constant relative to the longitudinal axis as the cleaning element rotates about the first axis (fig. 6 and ¶ 0038, pivot arms 103 define an axis [corresponds to the recited first axis] enabling the handle assembly 12 to rotate forwardly and rearwardly with respect to the base assembly 14 [corresponds to the recited cleaning element]. The base assembly 14 [corresponds to the recited cleaning element] can face a floor surface, thus it maintains orientation when the handle assembly 12 having the longitudinal axis rotates forwardly and rearwardly).
Regarding claim 3, Kasper discloses the cleaning device as in the rejection of claim 1, wherein the second axis is orthogonal to the first axis (¶ 0038, the pivot arms 103 defining the recited first axis and the pivot arms 107 defining the recited second axis are positioned at 90° to each other).
Regarding claim 4, Kasper discloses the cleaning device as in the rejection of claim 1, further comprising a mounting assembly (this element is interpreted under 35 U.S.C. 112(f). The mounting assembly includes a mounting bracket and an adapter connected to the mounting bracket as described in ¶ 0008) coupling the cleaning element to the handle (fig. 6 and ¶ 0038, a mounting assembly comprises pivot cradles 105 [correspond to the recited mounting bracket] connected to a pivot ball 102 [corresponds to the recited adapter]. They connect the base assembly 14 [corresponds to the recited cleaning element] to the handle assembly 12 through a shaft 108 of the pivot ball).
Regarding claim 5, Kasper discloses the cleaning device as in the rejection of claim 4, wherein the mounting assembly further comprises: a mounting bracket; and an adapter connected to the mounting bracket, wherein the mounting bracket is rotatable relative to the adapter about the first axis (fig. 6 and ¶ 0038, a mounting assembly comprises the pivot cradles 105 [correspond to the recited mounting bracket] connected to the pivot ball 102 [corresponds to the recited adapter]. The pivot cradles 105 [correspond to the recited mounting bracket] are rotatable relative to the pivot ball 102 [corresponds to the recited adapter] about the pivot arms 103 defining the recited first axis).
Regarding claim 7, Kasper discloses the cleaning device as in the rejection of claim 5, wherein the adapter is positionable at a plurality of positions relative to the handle, the adapter being rotatable relative to the handle about the second axis (figs. 1 and 5 and ¶ 0038, the pivot ball 102 [corresponds to the recited adapter] can rotate about the pivot arms 107 [correspond to the recited second axis]. Thus, the pivot ball 102 can be placed at a plurality of positions relative to the handle assembly 12).
Regarding claim 8, Kasper discloses the cleaning device as in the rejection of claim 7, further comprising a locking mechanism (this element is interpreted under 35 U.S.C. 112(f). The locking mechanism includes an engagement mechanism as described in ¶ 0012) operable to retain the adapter in one of the plurality of positions (figs. 7 and 9ABC and ¶ 0047, a releasable locking mechanism comprises a pivot member 147 [corresponds to the recited engagement mechanism] to hold the handle assembly 12 at a locked position. The pivot ball 102 [corresponds to the recited adapter] operably remains at a position when the handle assembly 12 is locked).
Regarding claim 11, Kasper discloses the cleaning device as in the rejection of claim 1, wherein the cleaning element further comprises:
a body having a front lateral edge and a bottom surface (see annotated Kasper fig. 7 below); and
an internal cavity arranged adjacent to the front lateral edge, the flexible conduit being fluidly coupled to the internal cavity (annotated Kasper fig. 6 below, a base plate 90 of the recited cleaning element comprises an internal cavity; figs. 4 and 7, water tube 73 [corresponds to the flexible conduit] is coupled to a spray nozzle 77 of a steam tube 78. The spray nozzle 77 is connected to the internal cavity of the base plate 90).
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Annotated Kasper Fig. 7
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Annotated Kasper Fig. 6
Regarding claim 12, Kasper discloses the cleaning device as in the rejection of claim 11, wherein the internal cavity extends forward of the bottom surface (see annotated Kasper fig. 6 above, the internal cavity is located at forward of bottom surface).
Regarding claim 13, Kasper discloses the cleaning device as in the rejection of claim 11, wherein one or more ports are formed on a bottom of the internal cavity (see annotated Kasper fig. 6 above for an aperture 139 [corresponds to the recited port]).
Regarding claim 14, Kasper discloses the cleaning device as in the rejection of claim 11, further comprising a fluid source fluidly connected to a flexible conduit (fig. 4 and ¶ 0033, a water tank assembly 64 [corresponds to the recited fluid source] is connected to the water tube 73 [corresponds to the flexible conduit]).
Regarding claim 15, Kasper discloses the cleaning device as in the rejection of claim 14, further comprising a pump operable to move fluid from the fluid source to the internal cavity (figs. 4 and 7 and ¶ 0033-35, a pump 72 fluidly communicates in the fluid distribution system from the water tank assembly 64 to the spray nozzle 77 disposed in the internal cavity).
Regarding claim 16, Kasper discloses the cleaning device as in the rejection of claim 1, further comprising a pad overlapping a bottom surface of the cleaning element (see annotated Kasper fig. 7 above and ¶ 0043, a mop cloth 86 [corresponds to the recited pad] is removably mounted to a flange 138 located at a bottom of the base plate 90).
Regarding claim 17, Kasper discloses the cleaning device as in the rejection of claim 16, wherein the pad is configured to wrap about at least one side of the cleaning element (see annotated Kasper fig. 7 above, the mop cloth 86 [corresponds to the recited pad] wraps the bottom of the base plate 90).
Regarding claim 18, Kasper discloses the cleaning device as in the rejection of claim 16, wherein the cleaning element further comprises a coupling mechanism and the pad further comprises a member removably connectable to the coupling mechanism (figs. 11-12 and ¶ 0050-51, the mop cloth 86 [corresponds to the recited pad] has pockets 87 [correspond to the recited member] to receive a hook or loop strip 172 [corresponds to the recited coupling mechanism] so that the mop cloth 86 is removably attached to a hinged plate 164 of the base assembly 14 [corresponds to the recited cleaning element]).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kasper, as applied to claim 5 above, in view of Krebs et al. (EP 3354182A1, hereinafter Krebs).
Regarding claim 6, Kasper discloses the cleaning device as in the rejection of claim 5, but does not disclose at least one of the mounting bracket and the adapter has a clevis-type configuration. Kasper discloses, in fig. 6, the pivot cradles 105 [correspond to the recited mounting bracket] connected to the pivot ball 102 [corresponds to the recited adapter], but they do not have a clevis-type configuration.
Krebs teaches, in an analogous cleaning device field of endeavor, at least one of the mounting bracket and the adapter has a clevis-type configuration (fig. 23, a swivel joint 52” comprising the recited mounting bracket and the adaptor has a clevis-type configuration).
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 mounting bracket or the adapter of Kasper to make it as the clevis-type configuration as taught by Krebs. It helps the mounting bracket and the adapter to be securely coupled so that a user can operate a handle of a cleaner safely and conveniently.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kasper, as applied to claim 8 above, in view of Tawara (KR 101488924B1).
Regarding claim 9, Kasper discloses the cleaning device as in the rejection of claim 8, wherein the locking mechanism further comprises an engagement mechanism movable between an unlocked position and a locked position (figs. 7 and 9ABC and ¶ 0047, a releasable locking mechanism comprises a pivot member 147 [corresponds to the recited engagement mechanism] movable between a locked position and an unlocked position), but does not disclose the adapter being movable between the plurality of positions when the engagement mechanism is in the unlocked position, and the adapter being restricted from moving between the plurality of positions when the engagement mechanism is in the locked position.
Tawara teaches, in an analogous cleaning device field of endeavor, the adapter being movable between the plurality of positions when the engagement mechanism is in the unlocked position, and the adapter being restricted from moving between the plurality of positions when the engagement mechanism is in the locked position (Tawara English translation, p. 3:32-5:33 and fig. 7, a cleaner 1 having a handle shaft 11 wherein the shaft 11 is rotatable at a rotation support 21. An attaching portion 31 [corresponds to the recited adapter] is rotatable relative to an engaging member 41 [corresponds to the recited engagement mechanism]. When the engaging member 41 is in one of plurality of arcuate concave surfaces 36, a lock piece 50 can lock the rotation of the engaging member 41).
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 locking mechanism of Kasper to provide the engagement mechanism as taught by Tawara so that the handle can be set at an angle wherein a user can use the cleaning device comfortably (Tawara English translation, p. 2:25-27).
Regarding claim 10, Kasper as modified by Tawara teaches the cleaning device as in the rejection of claim 9, wherein the adapter further comprises a plurality of radially spaced openings and in the locked position, a portion of the engagement mechanism is positionable within one of the plurality of radially spaced openings (Tawara English translation, p. 5:21-33 and fig. 7, the attaching portion 31 [corresponds to the recited adapter] comprises a plurality of arcuate concave surfaces 36 [correspond to the recited openings]. The surfaces 36 are radially spaced openings. The engaging member 41 [corresponds to the recited engagement mechanism] can be positioned at one of the arcuate concave surfaces 36, and the lock piece 50 locks the rotation of the engaging member 41).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kasper (US 2019/0380554, cited on 07/25/2024 IDS), in view of Tawara (KR 101488924B1).
Regarding claim 19, Kasper discloses a cleaning device (fig. 1, steam mop sweeper 10) comprising:
a cleaning element having a body with a front lateral edge and an internal cavity arranged adjacent to the front lateral edge (see annotated Kasper fig. 7 above and fig. 6, a base plate 90 of the recited cleaning element comprises an internal cavity adjacent the front lateral edge);
a handle having a longitudinal axis movably coupled to the cleaning element by a mounting assembly, the mounting assembly having a mounting bracket and an adapter connected to the mounting bracket, the adapter being positionable at a plurality of positions relative to the handle (fig. 1, handle assembly 12 has a longitudinal axis along a handle tube 20; figs. 5-6 and ¶ 0038, a mounting assembly comprises pivot cradles 105 [correspond to the recited mounting bracket] connected to a pivot ball 102 [corresponds to the recited adapter]. They connect the base assembly 14 [corresponds to the recited cleaning element] to the handle assembly 12 through a shaft 108 of the pivot ball. The pivot ball 102 [corresponds to the recited adapter] can rotate about the pivot arms 107 [correspond to the recited second axis]. Thus, the pivot ball 102 can be placed at a plurality of positions relative to the handle assembly 12);
a locking mechanism (this element is interpreted under 35 U.S.C. 112(f). The locking mechanism includes an engagement mechanism as described in ¶ 0012) movable between an unlocked position and a locked position, and operable to retain the adapter in one of the plurality of positions (figs. 7 and 9ABC and ¶ 0047, a releasable locking mechanism comprises a pivot member 147 [corresponds to the recited engagement mechanism], which is movable between a locked position and an unlocked position, to hold the handle assembly 12 at a locked position. The pivot ball 102 [corresponds to the recited adapter] operably remains at a position when the handle assembly 12 is locked);
a flexible conduit fluidly connected to a fluid source and the internal cavity, the flexible conduit being positionable within an interior of the handle (fig. 6, a base plate 90 of the recited cleaning element comprises an internal cavity; figs. 4 and 7, water tube 73 [corresponds to the flexible conduit] is coupled to a spray nozzle 77 of a steam tube 78. The spray nozzle 77 is connected to the internal cavity of the base plate 90; figs. 1 and 4 and ¶ 0033, a water tube 73 [corresponds to the flexible conduit] fluidly conveys fluid from a water tank assembly 64 to a spray nozzle 77 in the base assembly 14 [corresponds to the recited cleaning element]. A water tank assembly 64 is mounted in a lower handle 18. The water tube 73 is disposed below the water tank assembly 64, thus the water tube 73 is positioned within an interior of the handle);
a pump operable to move fluid from the fluid source to the internal cavity (figs. 4 and 7 and ¶ 0033-35, a pump 72 fluidly communicates in the fluid distribution system from the water tank assembly 64 to the spray nozzle 77 disposed in the internal cavity);
wherein the cleaning element is movable relative to the handle about a first axis and a second axis orthogonal to the first axis, both the first axis and the second axis being arranged at an angle relative to the longitudinal axis (fig. 1 and ¶ 0030, the handle assembly 12 is pivotally mounted to a base assembly 14 [corresponds to the recited cleaning element]; fig. 6 and ¶ 0038, pivot arms 103 define an axis [corresponds to the recited first axis] enabling the handle assembly 12 to rotate forwardly and rearwardly with respect to the base assembly 14 [corresponds to the recited cleaning element]. Pivot arms 107 defines an axis [corresponds to the recited second axis] enabling the handle assembly 12 to rotate side-to-side with respect to the base assembly 14; see annotated Kasper fig. 5 above for the recited first axis, second axis, and longitudinal axis. The first axis and the second axis are arranged at an angle relative to the longitudinal axis);
wherein an orientation of the cleaning element remains constant relative to the longitudinal axis as the cleaning element rotates about the first axis (fig. 6 and ¶ 0038, pivot arms 103 define an axis [corresponds to the recited first axis] enabling the handle assembly 12 to rotate forwardly and rearwardly with respect to the base assembly 14 [corresponds to the recited cleaning element]. The base assembly 14 [corresponds to the recited cleaning element] can face a floor surface, thus it maintains orientation when the handle assembly 12 having the longitudinal axis rotates forwardly and rearwardly), but does not disclose the adapter is movable between the plurality of positions when the locking mechanism is in the unlocked position, and the adapter is restricted from moving between the plurality of positions when the locking mechanism is in the locked position.
Tawara teaches, in an analogous cleaning device field of endeavor, the adapter being movable between the plurality of positions when the locking mechanism is in the unlocked position, and the adapter is restricted from moving between the plurality of positions when the locking mechanism is in the locked position (Tawara English translation, p. 3:32-5:33 and fig. 7, a cleaner 1 having a handle shaft 11 wherein the shaft 11 is rotatable at a rotation support 21. An attaching portion 31 [corresponds to the recited adapter] is rotatable relative to an engaging member 41. When the engaging member 41 is in one of plurality of arcuate concave surfaces 36, a lock piece 50 [corresponds to the recited locking mechanism] can lock the rotation of the engaging member 41).
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 locking mechanism of Kasper to provide the locking mechanism as taught by Tawara so that the handle can be set at an angle wherein a user can use the cleaning device comfortably (Tawara English translation, p. 2:25-27).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUKWOO JAMES CHANG whose telephone number is (571)272-7402. The examiner can normally be reached M-F 8:00a-5:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.J.C./Examiner, Art Unit 3723
/LAURA C GUIDOTTI/ Primary Examiner, Art Unit 3723