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 .
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3-4, 6-9, 11-12 and 14-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Application Publication No. 2023/0122554 to Williams (Williams).
Concerning claim 1, Williams discloses a vacuum-mulching device comprising: a housing (4) comprised of a strap (15), a motor (¶11), a dispenser opening (19), and a mulching assembly (¶11); an arm (6) connected to the housing (4), the arm (4) comprised of an opening (10); and a cap (5).
Concerning claim 3, Williams discloses the motor is comprised of a gas vacuum motor or an electric vacuum motor (¶29).
Concerning claim 4, Williams discloses further comprised of a battery (18).
Concerning claim 6, Williams discloses the arm (2) is comprised of a handle (6).
Concerning claim 7, Williams discloses the mulching assembly is comprised of a blade (¶11).
Concerning claim 8, Williams discloses the blade is spun by the motor (¶11).
Concerning claim 9, Williams discloses a vacuum-mulching device comprising: a housing (4) comprised of a strap (15), a storage container (5) attached to the housing (4) via a fastener (19), a motor (¶11), and a mulching assembly (¶11); and an arm (2) connected to the housing (4), the arm comprised of an opening (10).
Concerning claim 11, Williams discloses the motor is comprised of a gas vacuum motor or an electric vacuum motor (¶29).
Concerning claim 12, Williams discloses further comprised of a battery (18).
Concerning claim 14, Williams discloses the arm (2) is comprised of a handle (6).
Concerning claim 15, Williams discloses the mulching assembly is comprised of a blade (¶11).
Concerning claim 16, Williams discloses the blade is spun by the motor (¶11).
Concerning claim 17, Williams discloses in figure 7 the storage container (5) is removable from the housing (4).
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.
Claim(s) 2, 10 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williams.
Concerning claims 2 and 10, Williams does not explicitly disclose the strap (15) is comprised of an adjustable strap.
It would have been obvious to the skilled artisan at the time of the invention to construct the apparatus of Williams such that the strap (15) is comprised of an adjustable strap as such determination would result during routine engineering practices and experimentation. Accordingly, the court has held that adjustability, where needed, is not a patentable advance. In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954). It is also noted that such adjustable straps are very well known in the art.
Concerning claim 19, Williams discloses a method of using a vacuum-mulching device, the method comprising the following steps: providing a vacuum-mulching device (see figures 1-2) comprised of a housing (4) comprised of a motor (¶11), a mulching assembly (¶11), a strap (15), and an arm (2) comprised of an opening (10); placing the housing onto a user's back via the strap (see figure 1); and using the arm to suck up debris into the housing (see figure 1).
While Williams discloses pressing a switch (¶13), not explicitly a button to activate a motor, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing date to replace the switch with a button as they are well known obvious variant in the art.
Concerning claim 20, Williams discloses a step of pressing the button of the vacuum-mulching device to activate the mulching assembly (¶13).
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williams in view of GB 241667 to Archbold (Archbold).
Concerning claims 5 and 13, Williams does not disclose the arm is comprised of a telescopic arm.
Archbold discloses a vacuum device comprising: a housing (11) comprised of a strap (page 6, lines 12-13), a motor (17), a dispenser opening (15); an arm (30) connected to the housing (11), the arm (30) comprised of an opening (31); the arm (30) is comprised of a telescopic arm (32, 33).
It would have been obvious to a person of ordinary skill in the art at the time of the invention to add the telescopic section of Archbold to the arm of Williams because, as disclosed by Archbold, this varies the length of the arm to accommodate users of differing heights (page 4, lines 25-27).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williams in view of U.S. Patent No. 9,918,601 to Tate (Tate).
Concerning claim 18, Williams does not disclose wherein the fastener is comprised of a clip.
Tate discloses a vacuum-mulching device comprising: a housing (108), a storage container (118) attached to the housing (108) via a fastener (120), a motor (column 4, lines 54-55), and a mulching assembly (column 5, lines 9-12); and an arm (110) connected to the housing (108), the arm comprised of an opening (114); wherein the fastener (120) is comprised of a clip (204).
Because both these references are concerned with a similar problem, i.e. a vacuum-mulching device, it would have been obvious to a person of ordinary skill in the art at the time of the invention to add the clip of Tate to the fastener of Williams or replace the fastener of Williams with that of Tate. . In KSR (KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007)) the courts held that combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. Accordingly a simple addition or substitution as discussed above will obtain predictable results and is therefore obvious and proper combination of the references is made. The predictable results being attachment of the storage container.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes the two YouTube videos on the PTO-892 which disclose other types of outdoor portable vacuums/blowers.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew Katcoff/ Primary Examiner, Art Unit 3725
12/04/2025