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 .
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.
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, “an exterior via the third space” in claim 11, 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 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:
“elastic element” in claim 7.
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 5 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.
Claim 5, line 4 - 6, recites the “first carrier board wall and the first suction disk wall are joined” and then it recites “the carrier board wall is movable relative to the first suction disk wall”. The use of terms “joined” and “moveable relative to another” is counterintuitive; joined insinuates the walls are united to form one. However, the claim says “the walls are joined and moveable relative to another” which insinuates the walls are not joined as one but can move. For examination purposes the walls are joined and formed as one.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double
patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a
reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional
the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action,
see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration
while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§
706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/ file/efs/guidance/eTD-info-I.jsp.
Claims 1 - 2, 11, 13, 15, 16, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 – 12 and 14 – 18 of U.S. Patent No. US 12303081 B2 in view of Kim et al (US 20050021181 A1).
Although the claims at issue are not identical, they are not patentably distinct from each other
because the limitations of the patent claims correspond to the limitations of the instant claims. The
difference being the patent claims are narrower than the instant claims. In effect, the patent claims are a species of the generic instant claims. It has been held that the generic invention is “anticipated” by the “species”. Since the instant claims are anticipated by the patent claims, they are not patentably distinct from the patent claims. See claim mapping below.
App. No. 18449505
Patent No. US 12303081 B2
Claim 1. A self-propelled device, comprising:
a body, defined with a first space and a second space in communication with the first space,
wherein a volume of the second space is smaller than a volume of the first space and the second space is closer to a side of the body than the first space;
a walking module, being adjacent to the body;
an air extraction module, arranged on the body, being in communication with the first space;
an air pressure sensor, arranged on the body and disposed at one end of the second space; and
Claim 2. The self-propelled device according to claim 1,
wherein the body further comprises a connecting passage, and the second space is in communication with the first space via the connecting passage.
Claim 11. The self-propelled device according to claim 2,
wherein the body further comprises: a third space, configured as: the third space is in communication with the second space, and the third space is in communication with the first space via the connecting passage; and when an edge of the self-propelled device exceeds a board surface, the second space is in communication with an exterior via the third space, and the first space is in communication with the exterior via the connecting passage and the third space.
at least one bumper structure, relatively movably arranged on the body, configured to close the second space when located at a first position and open the second space when located at a second position;
wherein, the self-propelled device is for walking on a board surface.
Claim 1: A self-propelled device, comprising:
a body defining a first space, a second space and a third space, wherein the third space is in communication with the first space, and the second space is in communication with the first space via the third space,
wherein a volume of the second space is less than a volume of the first space and the second space is closer to an edge of the body than the first space;
a moving module adjacent to the body;
an air extraction module disposed on the body and being in communication with the first space; and
an air pressure sensor disposed on a side of the second space,
wherein the self-propelled device is configured to move on a panel surface, wherein the second space is in communication with the panel surface through an opening of the second space,
wherein the body comprises a connecting passage, the third space is in communication with the first space via the connecting passage, and the second space is in communication with the first space via the connecting passage and the third space, wherein when an edge of the self-propelled device extends beyond a border of the panel surface, then the second space is in communication with an external environment via the third space, and the first space is in communication with the external environment via the connecting passage and the third space.
The primary difference between the instant
claim and the patent claim is the specific
claim to a bumper structure capable of closing and opening. Kim et al teaches robot cleaner having a bumper structure (Fig. 3: 200) capable of opening and closing a space (The bumper, 200 is moved by the bumper supporting unit, Fig. 4B: 240 between a first position at which the bumper, 200 is separated from the cleaner body, 110 by a predetermined distance and a second position at which the bumper, 200 retreats from the first position see [0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the bumper capable of opening and closing as of Kim et al to yield the predictable result of a bumper structure for more effectively absorbing the shock when robot cleaner collides with an obstacle.
Claim 13. A self-propelled device, comprising:
a suction disk, comprising:
a first suction disk wall, arranged at a center of the suction disk, defined with a fist suction disk opening;
a plurality of second suction disk walls, being close to edges of the suction disk, the second suction disk walls respectively defined with a plurality of second suction disk openings, the plurality of second suction disk walls define the blocking hole; and
a plurality of connecting passages, arranged on the suction disk, being in communication with the first suction disk opening and the second suction disk openings;
a plurality of bumper structures, relatively movably arranged on the suction disk, comprising: a bumper panel, arranged to be adjacent to the edges of the suction disk; and a blocking bar, connected to the bumper panel and extending to the blocking hole; and
a carrier board, arranged on the suction disk, comprising: a carrier board wall, arranged at the center of the carrier board, defined with a first carrier board opening; and
a plurality of second carrier board openings, being close to edges of the carrier board, the second suction disk walls passing through the second carrier board openings;
a walking module, being adjacent to the suction disk;
a plurality of air pressure sensors, arranged on a substrate, the substrate being arranged on the carrier board and covering the second suction disk walls; and
an air extraction module, arranged on the carrier board wall of the carrier board; wherein, the self-propelled device is for walking on a board surface.
Claim 11. A self-propelled device, comprising: a suction disk, comprising: a first suction disk wall disposed at a center of the suction disk and defining a first suction disk through hole; a plurality of second suction disk walls adjacent to edges of the suction disk, wherein the second suction disk walls respectively define a plurality of second suction disk through holes; and a plurality of connecting passages disposed on the suction disk and in communication with the first suction disk through hole and the second suction disk through holes; a carrier board, disposed on the suction disk, comprising: a carrier board wall disposed at the center of the carrier board and defining a first carrier board through hole; and a plurality of second carrier board through holes adjacent to edges of the carrier board, wherein the second suction disk walls extend through the second carrier board through holes; a moving module adjacent to the suction disk; a plurality of air pressure sensors disposed on a substrate, the substrate being disposed on the carrier board and covering the second suction disk walls; and an air extraction module disposed on the carrier board wall of the carrier board, wherein the self-propelled device is configured to move on a panel surface.
The primary difference between the instant
claim and the patent claim is the specific
claim to a bumper structure capable of closing and opening. Kim et al teaches robot cleaner having a bumper structure (Fig. 3: 200) capable of opening and closing a space (The bumper, 200 is moved by the bumper supporting unit, Fig. 4B: 240 between a first position at which the bumper, 200 is separated from the cleaner body, 110 by a predetermined distance and a second position at which the bumper, 200 retreats from the first position see [0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the bumper capable of opening and closing as of Kim et al to yield the predictable result of a bumper structure for more effectively absorbing the shock when robot cleaner collides with an obstacle.
Claim 15. The self-propelled device according to claim 13, further comprising: a first space, comprising an internal space formed after the carrier board wall is joined with the first suction disk wall; and a second space, comprising an internal space of the second suction disk wall, the second space being in communication with the first space via the connecting passage, the air pressure sensors for measuring an air pressure of the second space; wherein, a sum of volumes of the second space and the connecting passage is smaller than a volume of the first space.
Claim 12. The self-propelled device according to claim 11, further comprising: a first space comprising an internal space defined by the carrier board wall and the first suction disk wall when the carrier board wall and the first suction disk wall fit relative to each other; and second spaces each comprising an internal space defined by the respective second suction disk walls, the second spaces being in communication with the first space via the respective connecting passages, wherein the air pressure sensors are configured to measure an air pressure of the second spaces, wherein a volume sum of one of the second spaces and one the connecting passages is less than a volume of the first space.
Claim 16. The self-propelled device according to claim 13, wherein the suction disk has a first surface and a corresponding second surface, the first suction disk wall and the second suction disk wall protrude from the first surface, and a height of the second suction disk wall is greater than a height of the first suction disk wall.
Claim 14. The self-propelled device according to claim 13, wherein the suction disk comprises a first surface and a second surface corresponding to the first surface, wherein the first suction disk wall and the second suction disk walls protrude from the first surface, and a height of the second suction disk walls is greater than a height of the first suction disk wall.
Claim 17. The self-propelled device according to claim 16, further comprising: a cleaning cloth, adhered to the second surface of the suction disk, for coming into contact with the board surface; wherein, the second surface of the suction disk comprises a plurality of shallow grooves for providing hooks and loops for adhering with the cleaning cloth, the suction disk further comprises a plurality of channels, the channels are close to edges of the suction disk, the second suction disk hole is provided on a bottom part of each channel, the cleaning cloth comprises a plurality of cleaning cloth holes, the cleaning cloth holes overlap with the channels in a perpendicular direction, the connecting passage is close to the first surface of the suction disk, and one end thereof is connected to a sidewall of the first suction disk wall and the other end thereof is connected to a sidewall of the second suction disk wall.
Claim 15. The self-propelled device according to claim 14, further comprising a cleaning fabric attached to the second surface of the suction disk and configured to contact the panel surface, wherein the second surface of the suction disk comprises a plurality of shallow grooves where hook and loop fasteners are arranged for attachment of the cleaning fabric.
Claim 16. The self-propelled device according to claim 15, wherein the suction disk further comprises a plurality of trenches, the trenches are adjacent to an edge of the suction disk, and the second suction disk opening is disposed on a bottom of the trenches.
Claim 17. The self-propelled device according to claim 16, wherein each of the trenches comprises a plurality of branches, and the branches extend in at least two non-parallel directions on the second surface of the suction disk.
Claim 18. The self-propelled device according to claim 16, wherein the cleaning fabric comprises a plurality of cleaning fabric openings, and the cleaning fabric openings overlap the trenches in a vertical direction.
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) 1 – 8, 11, and 13 - 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chao (US 20160347384 A1) in view of Sudo et al (US 20060191096 A1).
In re claim 1. Chao discloses a self-propelled device (cleaner, Fig. 3A: 10a), comprising:
a body (160), defined with a first space (see annotated Fig. 3C, below) and a second space (see annotated Fig. 3C, below) in communication with the first space (in communication, see annotated Fig. 3C, below),
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Fig. 3C – illustrates a 1st, 2nd, 3rd space of the cleaner, and connecting passage.
wherein a volume of the second space is smaller than a volume of the first space and the second space is closer to a side of the body than the first space (volume of 2nd space is smaller than 1st space, see annotated Fig. 3C above);
a walking module (traveling devices, Fig. 3A: 111 and 112), being adjacent to the body (adjacent to 160, see Fig. 3A);
an air extraction module (pump module, 130), arranged on the body (160), being in communication with the first space (within first space, see Fig. 3C);
an air pressure sensor (Fig. 6: 430), arranged on the body and disposed at one end of the second space (see Fig. 6); and wherein, the self-propelled device (cleaner, 10a), is for walking on a board surface (a robot adapted to movement on a surface of a plate, see [0009]).
Chao is silent about at least one bumper structure, relatively movably arranged on the body, configured to close the second space when located at a first position and open the second space when located at a second position.
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However, Sudo et al teaches bumper apparatus of self-advancing cleaner having at least one bumper structure (bumper, Fig. 1: 10 integrally molded with a damper, 4), relatively movably arranged on the body, configured to close the second space (location of brush, 2; See Fig. 3) when located at a first position and open the second space when located at a second position (Annotated Fig. 3).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of invention to modify Chao with the teachings of at least one bumper structure, relatively movably arranged on the body, configured to close the second space when located at a first position and open the second space when located at a second position as taught by Sudo et al because it allows for the damper to easily be added to the self-advancing cleaner which is not provided with a damper without changing a shape of the cabinet to also achieve an advantage that the self-advancing cleaner of absorbing an impact to not directly affect the cabinet and can be provided inexpensively by that amount (Sudo et al: [0022]).
In re claim 2. Chao as modified teaches the self-propelled device according to claim 1,
wherein the body (160) further comprises a connecting passage (see annotated Fig. 3C, above), and the second space is in communication with the first space via the connecting passage (second and first space in communication connecting passage, see annotated Fig. 3C, above).
In re claim 3. Chao as modified teaches the self-propelled device according to claim 2.
Chao as modified does not teach wherein the at least one bumper structure is arranged at the body and comprises a bumper panel and a blocking bar, an outer surface of the bumper panel faces an outside of the body, the blocking bar is connected to the bumper panel, extends from the bumper panel toward the second space, and closes the second space when the at least one bumper structure is located at the first position.
However, Sudo et al teaches bumper apparatus of self-advancing cleaner wherein the at least one bumper structure (bumper, Fig. 1: 10 integrally molded with a damper, 4), is arranged at the body and comprises a bumper panel (outer face, 41) and a blocking bar (resin hinge portion, 5), an outer surface (outer surface of outer face, 41) of the bumper panel (outer face, 41) faces an outside of the body (see Fig. 3), the blocking bar (resin hinge portion, 5) is connected to the bumper panel (connected to outer face, 41, see Fig. 3), extends from the bumper panel toward the second space, and closes the second space when the at least one bumper structure is located at the first position (capable of closing and opening at a first and second position, as indicated by the arrow mark “M”, see Fig. 3); .
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of invention to modify Chao with the teachings of wherein the at least one bumper structure is arranged at the body and comprises a bumper panel and a blocking bar, an outer surface of the bumper panel faces an outside of the body, the blocking bar is connected to the bumper panel, extends from the bumper panel toward the second space, and closes the second space when the at least one bumper structure is located at the first position as taught by Sudo et al because it allows for the damper to easily be added to the self-advancing cleaner which is not provided with a damper without changing a shape of the cabinet to also achieve an advantage that the self-advancing cleaner of absorbing an impact to not directly affect the cabinet and can be provided inexpensively by that amount (Sudo et al: [0022]).
In re claim 4. Chao as modified teaches the self-propelled device according to claim 3,
wherein the body further comprises:
a carrier board (flat portion of body, 160; see Fig. 3D), being close to an upper part of the body, comprising
a first carrier board opening (opening of flat portion of body, 160; see annotated Fig. 3D, below); and
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Fig. 3D – illustrates openings.
a suction disk (suction cup, 170), being close to a lower part of the body, connected to the carrier board (lower part and connected to flat portion of body, 160, see Fig. 3D), comprising
a first suction disk opening (opening of suction cup, 170, see annotated Fig. 3D, above) corresponding to the first carrier board opening (see annotated Fig. 3D, above), the suction disk and the first carrier board opening forming the first space (forming first space, see annotated Fig. 3D, above);
wherein, the at least one side panel is arranged at the suction disk, and the outer surface of the side panel faces the outside of the suction disk (side panel of flat portion of body, 160 is arranged at suction cup, 170, see Fig. 3A).
However, Sudo et al teaches bumper apparatus of self-advancing cleaner having at least one bumper structure (bumper, Fig. 1: 10 integrally molded with a damper, 4).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of invention to modify Chao with the teachings of at least one bumper structure, as taught by Sudo et al because it allows for the damper to easily be added to the self-advancing cleaner which is not provided with a damper without changing a shape of the cabinet to also achieve an advantage that the self-advancing cleaner of absorbing an impact to not directly affect the cabinet and can be provided inexpensively by that amount (Sudo et al: [0022]).
In re claim 5. Chao as modified teaches the self-propelled device according to claim 4,
wherein the carrier board comprises a first carrier board wall encircling the first carrier board opening (see Fig. 3D),
the suction disk (suction cup, 170) comprises a first suction disk wall encircling the first suction disk opening (wall encircling opening, see Fig. 3B), and
the first carrier board wall and the first suction disk wall are joined with each other, such that the carrier board wall is movable relative to the first suction disk wall (joined, see Fig. 3D).
In re claim 6. Chao as modified teaches the self-propelled device according to claim 5, having a carrier board opening (opening of flat portion of body, 160; see annotated Fig. 3D, above) and a suction disk wall (wall encircling opening, see Fig. 3B).
Chao as modified does not teach, wherein the carrier board further comprises a second carrier board opening, the suction disk comprises a second suction disk wall and a second suction disk opening, the second suction disk wall encircles the second suction disk opening, the second suction disk opening comprises a second suction disk hole passing through the suction disk, the second suction disk wall passes through the second carrier board opening, the second suction disk wall comprises a blocking hole, and the blocking bar extends to the blocking hole.
However, applicant has not disclosed that having an additional carrier board opening, a second suction disk wall, a second suction disk opening, and a second suction disk hole produces a new or unexpected result. Accordingly, it would have been a matter of duplication of parts to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the carrier board opening, suction disk wall, suction disk opening, and suction disk hole with the result having an additional carrier board opening, a second suction disk wall, a second suction disk opening, and a second suction disk hole because the duplication of these elements does not appear to produce a new or unexpected result (see MPEP 2144.04, section VI:B). The motivation for doing so would be the ability to have additional support/stability of the carrier board and increased resistance to obstacle interference if needed.
Lastly, Sudo et al teaches bumper apparatus of self-advancing cleaner having the wall comprising a blocking hole (space in which resin hinge portion, 5 is located, see Fig. 3), and the blocking bar extends to the blocking hole (resin hinge portion, 5 extends in space, see Fig. 3).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of invention to modify Chao with the teachings of the wall comprising a blocking hole and the blocking bar extends to the blocking hole as taught by Sudo et al because it allows for the damper to easily be added to the self-advancing cleaner which is not provided with a damper without changing a shape of the cabinet to also achieve an advantage that the self-advancing cleaner of absorbing an impact to not directly affect the cabinet and can be provided inexpensively by that amount (Sudo et al: [0022]).
In re claim 7. Chao as modified teaches the self-propelled device according to claim 6, having the suction disk (suction cup, 170).
Chao as modified does not teach wherein the at least one bumper structure further comprises: an elastic element, located between the base and the bumper panel, configured to cause the blocking bar of the at least one bumper structure to move relative to the blocking hole by impact from the bumper panel when the impact takes place between the self-propelled device and an obstacle.
However, Sudo et al teaches bumper apparatus of self-advancing cleaner wherein the at least one bumper structure (bumper, Fig. 1: 10 integrally molded with a damper, 4) further comprises: an elastic element (plate piece portion, 101), located between the base and the bumper panel (outer face, 41), configured to cause the blocking bar (resin hinge portion, 5) of the at least one bumper structure (bumper, 10 integrally molded with a damper, 4) to move relative to the blocking hole by impact from the bumper panel when the impact takes place between the self-propelled device and an obstacle (capable of moving in the space upon impact, see direction of arrow “M” in Fig. 3).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of invention to modify Chao with the teachings of wherein the at least one bumper structure further comprises: an elastic element, located between the suction disk and the bumper panel, configured to cause the blocking bar of the at least one bumper structure to move relative to the blocking hole by impact from the bumper panel when the impact takes place between the self-propelled device and an obstacle, as taught by Sudo et al because it allows for the damper to easily be added to the self-advancing cleaner which is not provided with a damper without changing a shape of the cabinet to also achieve an advantage that the self-advancing cleaner of absorbing an impact to not directly affect the cabinet and can be provided inexpensively by that amount (Sudo et al: [0022]).
In re claim 8. Chao as modified teaches the self-propelled device according to claim 7, having air pressure sensor (430) capable of being arranged on a substrate (as the “substrate” is not positively claimed, see Fig. 6).
Chao as modified does not teach the second suction disk wall is sealed by the substrate to define the second space.
However, applicant has not disclosed that having the second suction disk wall and a second space produces a new or unexpected result. Accordingly, it would have been a matter of duplication of parts to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the suction disk wall and space with the result having an additional suction disk wall and space because the duplication of these elements does not appear to produce a new or unexpected result (see MPEP 2144.04, section VI:B). The motivation for doing so would be the ability to have additional support/stability of the carrier board and increased resistance to obstacle interference if needed. In addition, the wall would be capable of being sealed by the substrate to define a space since the substrate has not been positively claimed.
In re claim 11. Chao as modified teaches the self-propelled device according to claim 2,
wherein the body further comprises: a third space (see annotated Fig. 3C, above), configured as: the third space is in communication with the second space, and the third space is in communication with the first space via the connecting passage (see annotated Fig. 3C, above).
Regarding the functional limitation "when an edge of the self-propelled device exceeds a board surface, the second space is in communication with an exterior via the third space, and the first space is in communication with the exterior via the connecting passage and the third space, “ applicant identifies this in [0016], as being done due to the self-propelled device having the second space, the connecting passage, and the third space. MPEP 2173.05(g) states that "[a] functional limitation must be evaluated and considered, just like any other limitation of the claim, for what it fairly conveys to a person of ordinary skill in the pertinent art in the context in which it is used. A functional limitation is often used in association with an element, ingredient, or step of a process to define a particular capability or purpose that is served by the recited element, ingredient or step." In this case, the structure for performing this function is considered to be the self-propelled device having the second space, the connecting passage, and the third space. Since the prior art discloses this structure, then it therefore meets the claimed functional structure.
In re claim 13. Chao discloses a self-propelled device (cleaner, Fig. 3A: 10a), comprising:
a suction disk (suction cup, 170), comprising:
a first suction disk wall (wall, see Fig. 3B), arranged at a center of the suction disk, defined with a fist suction disk opening (see center opening, Fig. 3B);
a plurality of connecting passages (see annotated Fig. 3C, above), arranged on the suction disk, being in communication with the first suction disk opening (see Fig. 3C);
a carrier board (flat portion of body, 160; see Fig. 3D), arranged on the suction disk (arranged on suction cup, 170, see Fig. 3C), comprising:
a carrier board wall (see Fig. 3D), arranged at the center of the carrier board, defined with a first carrier board opening (arranged at center with opening, see Fig. 3D).
a walking module (traveling devices, Fig. 3A: 111 and 112), being adjacent to the suction disk (adjacent to suction cup, 170, see Fig. 6);
a plurality of air pressure sensors (Fig. 6: 430), arranged on a substrate, the substrate being arranged on the carrier board and covering the second suction disk walls (capable of being arranged on a substrate as the substate isn’t positively claimed, see 6); and
an air extraction module (pump module, 130), arranged on the carrier board wall of the carrier board (see Fig. 6); wherein, the self-propelled device (cleaner, 10a), is for walking on a board surface (a robot adapted to movement on a surface of a plate, see [0009]).
Chao does not disclose a plurality of second suction disk walls, being close to edges of the suction disk, the second suction disk walls respectively defined with a plurality of second suction disk openings, the plurality of second suction disk walls define the blocking hole; a plurality of bumper structures, relatively movably arranged on the suction disk, comprising: a bumper panel, arranged to be adjacent to the edges of the suction disk; and a blocking bar, connected to the bumper panel and extending to the blocking hole.
However, applicant has not disclosed that having a plurality of second suction disk walls, second suction disk openings, and a plurality of second carrier board openings produces a new or unexpected result. Accordingly, it would have been a matter of duplication of parts to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the second suction disk walls, second suction disk openings, and second carrier board openings with the result having an suction disk wall, a second suction disk opening, suction disk opening and carrier board opening because the duplication of these elements does not appear to produce a new or unexpected result (see MPEP 2144.04, section VI:B). The motivation for doing so would be the ability to have additional support/stability of the carrier board and increased resistance to obstacle interference if needed.
Lastly, Sudo et al teaches bumper apparatus of self-advancing cleaner wherein the plurality of bumper structures (bumper, 10 integrally molded with a damper, 4), arranged to be adjacent to the edges of the base (see Fig. 3) and a blocking bar (resin hinge portion, 5), connected to the bumper panel (outer face, 41) and extending to the blocking hole (extending in the space, see Fig. 3), the blocking bar (resin hinge portion, 5) is connected to the bumper panel (connected to outer face, 41, see Fig. 3).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of invention to modify Chao with the teachings of wherein the at least one bumper structure is arranged at the body and comprises a bumper panel and a blocking bar, an outer surface of the bumper panel faces an outside of the body, the blocking bar is connected to the bumper panel, extends from the bumper panel toward the second space, and closes the second space when the at least one bumper structure is located at the first position as taught by Sudo et al because it allows for the damper to easily be added to the self-advancing cleaner which is not provided with a damper without changing a shape of the cabinet to also achieve an advantage that the self-advancing cleaner of absorbing an impact to not directly affect the cabinet and can be provided inexpensively by that amount (Sudo et al: [0022]).
In re claim 14. Chao as modified teaches the self-propelled device according to claim 13,
Chao as modified does not teach wherein the at least one bumper structure is configured to be movable between a first position and a second position, the blocking bar comprises a blocking section and a connecting section, the connecting section is connected between the bumper panel and the blocking section, a cross section area of the blocking section is coordinated with an area of the blocking hole, the blocking section closes the blocking hole when the at least one bumper structure is located at the first position, a cross section area of a part of the connecting section close to the blocking section is smaller than an area of the blocking hole, and the part of the connecting section close to the blocking section opens the blocking hole when the at least one bumper structure is located at the second position.
However, Sudo et al teaches bumper apparatus of self-advancing cleaner having at least one bumper structure (bumper, Fig. 1: 10 integrally molded with a damper, 4), is configured to movable between a first position and a second position (arranged on body and capable of closing and opening at a first and second position, as indicated by the arrow mark “M”, see Fig. 3); the blocking bar (resin hinge portion, 5) comprises a blocking section and a connecting section (see annotated Fig. 3 below), the connecting section is connected between the bumper panel and the blocking section (see annotated Fig. 3 below), a cross section area of the blocking section is coordinated with an area of the blocking hole (see annotated Fig. 3 below), the blocking section closes the blocking hole when the at least one bumper structure is located at the first position, a cross section area of a part of the connecting section close to the blocking section is smaller than an area of the blocking hole, and the part of the connecting section close to the blocking section opens the blocking hole when the at least one bumper structure is located at the second position(see Fig. 3).
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Fig. 3 – Sudo et al: illustrates the blocking bar
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of invention to modify Chao as modified with the teachings of wherein the at least one bumper structure is configured to be movable between a first position and a second position, the blocking bar comprises a blocking section and a connecting section, the connecting section is connected between the bumper panel and the blocking section, a cross section area of the blocking section is coordinated with an area of the blocking hole, the blocking section closes the blocking hole when the at least one bumper structure is located at the first position, a cross section area of a part of the connecting section close to the blocking section is smaller than an area of the blocking hole, and the part of the connecting section close to the blocking section opens the blocking hole when the at least one bumper structure is located at the second position as taught by Sudo et al because it allows for the damper to easily be added to the self-advancing cleaner which is not provided with a damper without changing a shape of the cabinet to also achieve an advantage that the self-advancing cleaner of absorbing an impact to not directly affect the cabinet and can be provided inexpensively by that amount (Sudo et al: [0022]).
In re claim 15. Chao as modified teaches the self-propelled device according to claim 13, further comprising:
a first space (see annotated Fig. 3C, above), comprising an internal space formed after the carrier board wall is joined with the first suction disk wall (see annotated Fig. 3C, above); and a second space (see annotated Fig. 3C, above), comprising an internal space of the second suction disk wall (see annotated Fig. 3C, above), the second space being in communication with the first space via the connecting passage (see annotated Fig. 3C, above), the air pressure sensors (430) for measuring an air pressure of the second space (capable of measuring, see [0049]); wherein, a sum of volumes of the second space and the connecting passage is smaller than a volume of the first space (sum of volume of 2nd and connecting passage is smaller than volume of 1st space, see annotated Fig. 3C above).
In re claim 16. Chao as modified teaches the self-propelled device according to claim 13,
wherein the suction disk (suction cup, 170), has a first surface and a corresponding second surface (top and bottom surfaces, see Fig. 6), the first suction disk wall protrudes from the first surface (see Fig. 3C), and the suction disk wall has a height (has a height, see Fig. 3C).
Chao as modified does not teach a 2nd suction disk wall.
However, applicant has not disclosed that having a second suction disk wall produces a new or unexpected result. Accordingly, it would have been a matter of duplication of parts to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the suction disk wall and provide a height greater than a height of the first suction disk wall with the result having an additional suction disk wall, because the duplication of these elements does not appear to produce a new or unexpected result (see MPEP 2144.04, section VI:B). The motivation for doing so would be the ability to have additional support/stability of the carrier board and increased resistance to obstacle interference if needed.
Allowable Subject Matter
Claims 9 – 10, 12 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base c