DETAILED ACTION
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 motor mounted within the rotatable cleaning bar (claim 8) 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.
Claim Objections
Claims 11-13 are objected to because of the following informalities: the term “further rotatable cleaning brush” could suggest a cleaning brush that extends of rotates further than the previously claimed rotatable cleaning brush. However, it is understood that the applicant is intending to claim the second rotatable cleaning brush (in addition to the rotatable cleaning brush introduced in claim 1). Thus, it is suggested that the applicant replace the term “further” in each of the claims with the word “second” or some equivalent thereof. 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.
Claim 8 is 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. As noted above, the drawings fail to disclose the embodiment having the motor within the rotatable cleaning bar. While this concept is known for driving the rotatable cleaning bar, the claimed structure would require a completely different drive means from the drive that is shown and disclosed for the alternative embodiment having the motor adjacent (and external) to the rotatable cleaning bar, to the extent that the claim is not considered to be supported by proper written description to include the claimed rotatable cleaning brush that is also driven by the drive mechanism and seated within the drive mechanism as claimed in independent claim 1, from which claim 8 depends.
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 5 and 8 are 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.
Regarding claim 5, the term “fixable” is unclear as claimed because the term “fixed” typically suggests a permanent connection, whereas it is understood that at least the rotatable cleaning brush can be removed from the drive gear. It is suggested that the applicant replace the term “fixable to” with “connected to”, “engaged with” or some equivalent thereof.
Regarding claim 8, as discussed supra, it is unclear from the disclosure of the application as a whole, how the rotatable cleaning brush may be “seated within” a drive mechanism when the drive mechanism is a motor positioned within the rotatable cleaning bar.
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.
Claims 1-6, 10 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Browne (US 601,628).
Regarding claim 1, Browne discloses a cleaning accessory for a vacuum cleaner (sweeper may be considered as a vacuum accessory, for example by cleaning larger loose debris prior to vacuuming) comprising: a housing (1); a rotatable cleaning brush (6) having at least one flexible cleaning element projecting outwards from a side of the housing (external to the housing 1 in embodiment of Fig. 1, and projecting therefrom in embodiment of Fig. 4) and the at least one flexible cleaning element is configured to rotate and engage with a surface to be cleaned; and a rotatable cleaning bar (2) rotatably mounted within the housing; wherein at least a portion of the rotatable cleaning brush is seated within a drive mechanism (friction discs 4, driven by wheels 3) coupled to the rotatable cleaning bar (Browne discloses that the brush 6 is secured to the brush 2, which defines the drive mechanism 4 thereon, via shouldered screw 11).
Regarding claim 2, Browne further discloses that the rotatable cleaning brush comprises a body having a conical engagement surface (outer end of threaded portion of screw 11 is clearly shown to be conical) and the drive mechanism comprises a reciprocal engagement recess and the conical engagement surface is configured to be seated within the reciprocal engagement recess.
Regarding claim 3, Browne further discloses that the rotatable cleaning brush is removably mountable on the drive mechanism (screw 11 allows the brush to be disconnected is desired (Pg. 1, lines 48-52).
Regarding claim 4, Browne further discloses that the drive mechanism (4) is coupled between the rotatable cleaning brush and the rotatable cleaning bar.
Regarding claim 5, Browne further discloses that the drive mechanism comprises a drive gear (friction wheel 4 is considered to be functionally and structurally equivalent to a drive gear) connected to the rotatable cleaning brush and the rotatable cleaning bar.
Regarding claim 6, Browne further discloses that the drive mechanism is configured to rotate the rotatable cleaning brush and the rotatable cleaning bar at the same rate of rotation (due to the rotatable cleaning brush being fixed to the shaft of the rotatable cleaning bar).
Regarding claim 10, Browne further discloses that the rotatable cleaning brush and the rotatable cleaning bar are arranged to rotate about a common rotation axis (as seen in Figs. 2, 3 and 6).
Regarding claim 14, Browne further discloses the accessory for a vacuum cleaner comprising a housing; a rotatable cleaning brush having at least one flexible cleaning element projecting outwards from a side of the housing and the at least one flexible cleaning element is configured to rotate and engage with a surface to be cleaned; and a rotatable cleaning bar rotatably mounted within the housing and the rotatable cleaning brush is coupled to the rotatable cleaning bar (via screw 11, as discussed supra); wherein at least a portion of the rotatable cleaning brush is seated within the rotatable cleaning bar, wherein the rotatable cleaning brush comprises a body which comprises a conical engagement surface (screw 11, as discussed supra for claim 2), and wherein the rotatable cleaning bar comprises a reciprocal engagement recess and the conical engagement surface is configured to be seated within the reciprocal engagement recess when the rotatable cleaning brush is coupled to the rotatable cleaning bar.
Claims 1, 4-6 and 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by S.A. Brush Company (GB 1358176; to be referred to hereinafter as SA).
Regarding claim 1, SA discloses a cleaning accessory for a vacuum cleaner (sweeper may be considered as a vacuum accessory, for example by cleaning larger loose debris prior to vacuuming) comprising: a housing (1); a rotatable cleaning brush (18) having at least one flexible cleaning element projecting outwards from a side of the housing (as seen in Fig. 3) and the at least one flexible cleaning element is configured to rotate and engage with a surface to be cleaned; and a rotatable cleaning bar (17) rotatably mounted within the housing; wherein at least a portion of the rotatable cleaning brush is seated within a drive mechanism (friction discs 19, driven by wheels 15) coupled to the rotatable cleaning bar (SA discloses that the brush 18 is secured to the brush 17, which defines the drive mechanism 19 thereon, via shaft 20, as seen in Fig. 3).
Regarding claim 4, SA further discloses that the drive mechanism (19) is coupled between the rotatable cleaning brush and the rotatable cleaning bar.
Regarding claim 5, SA further discloses that the drive mechanism comprises a drive gear (friction wheel 19 is considered to be functionally and structurally equivalent to a drive gear) connected to the rotatable cleaning brush and the rotatable cleaning bar.
Regarding claim 6, SA further discloses that the drive mechanism is configured to rotate the rotatable cleaning brush and the rotatable cleaning bar at the same rate of rotation (due to the rotatable cleaning brush being fixed to the shaft of the rotatable cleaning bar).
Regarding claim 10, SA further discloses that the rotatable cleaning brush and the rotatable cleaning bar are arranged to rotate about a common rotation axis (as seen in Fig. 1).
Regarding claim 11, SA further discloses that the cleaning accessory comprises a second rotatable cleaning brush (18) seated within the rotatable cleaning bar (on the opposite side, as seen in Fig. 1).
Regarding claim 12, SA further discloses that the rotatable cleaning bar comprises a first end arranged at a side of the housing and the second rotatable cleaning brush is mounted to the first end.
Regarding claim 13, SA further discloses that the second rotatable cleaning brush comprises a body and at least part of the body is arranged to project through the side of the housing to mount to the first end of the rotatable cleaning bar (as seen in Fig. 3, the housing defines an inner wall 13 between the brushes 18 and 17, which may be considered to be the side of the housing, wherein the shaft 20 projects through the side 13 to mount to the first end of the rotatable cleaning bar).
Claims 1, 3-6 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Friedman (US 866,640).
Regarding claim 1, Friedman discloses a cleaning accessory for a vacuum cleaner (sweeper may be considered as a vacuum accessory, for example by cleaning larger loose debris prior to vacuuming) comprising: a housing (A); a rotatable cleaning brush (D) having at least one flexible cleaning element projecting outwards from a side of the housing (entire brush projecting outwards to the external to the housing, as seen in Figs. 1-2) and the at least one flexible cleaning element is configured to rotate and engage with a surface to be cleaned; and a rotatable cleaning bar (B) rotatably mounted within the housing; wherein at least a portion of the rotatable cleaning brush is seated within a drive mechanism (gear c, driven by gears d coupled to the wheels C) coupled to the rotatable cleaning bar (Friedman discloses that the brush D is secured to the end f of brush B, which defines the drive mechanism c thereon, via shaft o).
Regarding claim 3, Friedman further discloses that the rotatable cleaning brush is removably mountable on the drive mechanism (via removable shaft o, rom aperture e, as shown in Fig. 6; removable as disclosed on Pg. 1, lines 73-77).
Regarding claim 4, Friedman further discloses that the drive mechanism (c) is coupled between the rotatable cleaning brush and the rotatable cleaning bar.
Regarding claim 5, Friedman further discloses that the drive mechanism comprises a drive gear (c) connected to the rotatable cleaning brush and the rotatable cleaning bar.
Regarding claim 6, Friedman further discloses that the drive mechanism is configured to rotate the rotatable cleaning brush and the rotatable cleaning bar at the same rate of rotation (due to the rotatable cleaning brush being fixed to the shaft of the rotatable cleaning bar).
Regarding claim 10, Friedman further discloses that the rotatable cleaning brush and the rotatable cleaning bar are arranged to rotate about a common rotation axis (as seen in Figs. 1 and 3).
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 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over any one of Browne (US 601,628), SA (GB 1358176) or Friedman (US 866,640), as applied to claim 1, and in view of Kaleta (7,591,039) and Nishimura et al. (4,854,006).
Each of Browne, SA and Friedman disclose the cleaners as discussed supra, each being driven by the motion of the wheels along a surface, but fail to disclose a motor. Kaleta discloses a similar floor sweeper that has plastic glides (42) as alternatives to wheels, which will allow the cleaner to move in any direction along a surface being cleaned, and teaches that the brushes are driven by a motor to allow for rotation of the brushes regardless of direction of motion (whereas Browne, SA and Friedman all require forward or rearward motion to drive the brushes). Additionally, Nishimura discloses a vacuum cleaner, which are provided with powered suction motors, and teaches that the brush is driven by the same electric motor that provides the suction air flow, and thus may be driven at high rates of speed, even when the cleaner is being moved slowly over a surface, or even stopped over a location of a large amount of debris. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optionally provide a motor to drive the brushes of each of Browne, SA and Friedman, which will allow the brushes to be driven when provided with glides to move in any direction, as taught by Kaleta, and/or to be driven by a suction motor, when also provided to the cleaners of Browne, SA and Friedman, (which would be well known in the art to improve cleaning by providing the suction air flow) and will allow the brushes to be driven at high speed, regardless of speed or direction of motion of the cleaner over a surface.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over any one of Browne (US 601,628), SA (GB 1358176) or Friedman (US 866,640) in view of Kaleta (7,591,039) and Nishimura et al. (4,854,006), as applied to claim 7, and further in view of Odachi et al. (2010/0107357).
As discussed supra, it would have been obvious to provide each of Browne, SA and Friedman with a motor to drive the brushes, but none of Browne, SA, Friedman, Kaleta or Nishimura disclose that the motor may be positioned within the rotatable cleaning bar. Odachi discloses a similar suction cleaner, also having a driven rotatable cleaning bar (3), and teaches that the cleaning bar may have the motor (4) positioned therein, which is a known alternative in the art to motors positioned external to the rotatable cleaning bar, providing the advantage of a more compact head structure (due to eliminating the need for space for the motor separate from the rotatable cleaning bar). Therefore, it further would have been obvious to one of ordinary skill in the art at the time the invention was made to optionally provide the motor to the brushes of Browne, SA and Friedman, to be located within the rotatable cleaning bar, as taught by Odachi, to provide the advantages of driven brushes, as discussed above, while also minimizing the overall size of the cleaning head.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of Hertzberg (4,355,436), Mitani et al. (5,249,331), Butler et al. (2006/0272122), Thorne et al. (10,898,042)and Davidshofer et al. (2008/0307597) provide similar structure as the applicant’s claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN R MULLER whose telephone number is (571)272-4489. The examiner can normally be reached M-F 8am-5pm.
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/BRYAN R MULLER/Primary Examiner, Art Unit 3723 28 January 2026