DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of species I (numeral 1) in the reply filed on 2 March 2026 is acknowledged. However, the applicant did not elect a single species from each of groups I and II, to complete the response to the election requirement. During the telephonic interview held on 14 April 2026 with Alannah Witham (see attached Interview Summary), the election was completed with provisional election of species A (Figs. 2, 3 and 5-8) from group I, to which the examiner agreed that Fig. 10, previously indicated as species C, would also be included, and also elected species Y (Figs. 4C and 4D) without traverse. All pending claims are considered to either be generic or read on the elected species, so there are no claims withdrawn at this time.
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 plurality of agitators including a V-shaped profile (claim 9) and intermediate channel that is tangential to a fluid conduit (claim 15) 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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9, 11 and 15 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 9, it is unclear if the claim is intending to disclose that the plurality of agitators as a whole include a V-shaped profile, or if a combination of some of the agitators form the claimed V-shaped profile. Further, it is unclear if the limitation is intended to claim that each of the agitators individually forms a V-shaped cross-sectional profile, for instance, as viewed in Fig. 8, or if the limitation is intended to disclose that the agitators are arranged relative to one another to cumulatively form a V-shaped arrangement. Paragraph 76 of the specification provides further disclosure relative to the V-shaped profile, but does not clarify the claim limitation because it appears to address the individual shape of the forwardmost agitator as viewed in Fig. 8, suggesting the V-shape is defined by each single agitator, but also discloses that the “agitators, together, may have a generally V-shaped profile. Because the agitators as a whole are not shown to form a V-shape, the limitation will be considered to define “at least a portion of the plurality of agitators are arranged relative to one another to define a V-shaped arrangement”.
Regarding claim 15, there is no channel shown in the drawings to be tangential to a fluid conduit, based on the common geometric definition of tangential (based on the term tangent, defined as “touching at a single point, as a tangent in relation to a curve or surface”1). As best understood by the examiner, the limitation is considered to be intended to define that “the intermediate channel extends at an angle to the fluid conduit”, and will be treated as such for the sake of the current Office Action.
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 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Albishausen (GB 1243397; to be referred to hereinafter as AL).
Regarding independent claim 1, AL discloses an accessory tool assembly adapted to couple with a hose (5) of an extraction cleaner including a suction source, the accessory tool assembly comprising: a tool head (1), comprising: a front end (bottom of Figs. 1, 2) and a rear end (top of Figs. 1, 2) opposed to the front end, wherein a longitudinal direction extends through the front and rear ends and a transverse direction extends perpendicular to the longitudinal direction, further wherein the rear end is configured to fluidly couple with the hose of the extraction cleaner; a working surface on an underside of the front end; a plurality of agitators (outermost rows of bristles 2) extending from the working surface defining a first interior area therewithin; and an extraction nozzle positioned in the first interior area and defining a suction air inlet (20), wherein the suction air inlet includes a longitudinal portion that extends in the longitudinal direction and a transverse portion that extends in the transverse direction (inlet opening is effectively 3-dimensional, defining portions extending in longitudinal and transverse directions).
Regarding claim 2, AL further discloses that the tool head includes an internal cavity that is configured to receive at least one fluid distributor (hose 28, shown in phantom in Fig. 1 within the internal cavity) carried by a hose of an extraction cleaner (intended to be connected to inlet 11) upon insertion of a distal end of the hose.
Regarding claim 3, AL further discloses that the internal cavity defines an opening that is disposed adjacent and rearward of the suction air inlet (internal cavity includes the control chamber 9, which has an outlet to the hose 28 located adjacent and rearward of the suction air inlet).
Regarding claim 4, AL further discloses at least one fluid distributor (outlets of control chamber 9) for supplying and directing a cleaning fluid therethrough.
Regarding claim 5, AL further discloses that the at least one fluid distributor is disposed within the first interior area between the extraction nozzle and the rear end of the tool head (as viewed in Fig. 2).
Regarding claim 6, AL further discloses that the at least one fluid distributor comprises a first fluid distributor and a second fluid distributor (outlets on either side of control chamber 9).
Regarding claim 7, AL further discloses that the tool head further comprises a wall extending from the working surface (extending inwardly from the lower surface to define opening 20 extending into the tool head), thereby forming at least a portion of the extraction nozzle and at least partially surrounding the suction air inlet.
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Regarding claim 8, AL further discloses that a plurality of crenulations are formed in a distal edge of the wall (stepped portions of inlet passage 20 are considered to be formed by structure equivalent to “crenulations”, as seen here at A).
Regarding claim 9, AL further discloses that at least a portion of the plurality of agitators are arranged relative to one another to define a V-shaped arrangement (see rejection under 35 U.S.C. 112(b) above) as viewed along the longitudinal direction (as seen in Fig. 2).
Regarding claim 10, AL further discloses that the suction air inlet is T-shaped (inlet 20 is shown in cross section of Fig. 3 to be very narrow, adjacent the lower surface, and substantially wider at the connection to the hose in portion 6, as seen in Fig. 4, such that a cross-section of the air inlet 20, along the axis X shown above, would effectively form a T-shape).
Regarding claim 11, AL further discloses that the plurality of agitators further include a first set of agitators disposed on the first interior area (inner bristles formed between spray internal to channels 21, as viewed in Fig. 2) and a second set of agitators extending along the working surface edge (agitators along the outer perimeter), wherein the first set of agitators include a different shape from the second set of agitators (although similar, the first set forms a split Y-shape, while the second set forms a rectangle with the lower end tapering to a point).
Claims 1-8 and 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ginsburgh et al. (3,538,535; to be referred to hereinafter as GI).
Regarding independent claim 1, GI discloses an accessory tool (31) assembly adapted to couple with a hose (30) of an extraction cleaner including a suction source, the accessory tool assembly comprising: a tool head (31), comprising: a front end (left side of Fig. 3) and a rear end (right side of Fig. 3) opposed to the front end, wherein a longitudinal direction extends through the front and rear ends and a transverse direction extends perpendicular to the longitudinal direction, further wherein the rear end is configured to fluidly couple with the hose of the extraction cleaner; a working surface on an underside of the front end (seen in Fig. 6); a plurality of agitators (outermost rows of projections 106 and knobs 91) extending from the working surface defining a first interior area therewithin; and an extraction nozzle (openings 103a) positioned in the first interior area and defining a suction air inlet (103a), wherein the suction air inlet includes a longitudinal portion that extends in the longitudinal direction and a transverse portion that extends in the transverse direction (inlet opening is effectively 3-dimensional, defining portions extending in longitudinal and transverse directions).
Regarding claim 2, GI further discloses that the tool head includes an internal cavity that is configured to receive at least one fluid distributor (conduit 85 with outlets 85a/86a, shown in Fig. 7 within a lower portion of the internal cavity) carried by a hose of an extraction cleaner upon insertion of a distal end of the hose.
Regarding claim 3, GI further discloses that the internal cavity defines an opening (95) that is disposed adjacent and rearward of the suction air inlet (as seen in Fig. 7).
Regarding claim 4, GI further discloses at least one fluid distributor (conduit 85 with outlets 85a/86a) for supplying and directing a cleaning fluid therethrough.
Regarding claim 5, GI further discloses that the at least one fluid distributor is disposed within the first interior area between the extraction nozzle and the rear end of the tool head (as viewed in Fig. 7).
Regarding claim 6, GI further discloses that the at least one fluid distributor comprises a first fluid distributor and a second fluid distributor (plural outlets 85a/86a along conduit 85, as seen in Fig. 8).
Regarding claim 7, GI further discloses that the tool head further comprises a wall extending from the working surface (extending inwardly from the lower surface to define opening 103a extending into the tool head), thereby forming at least a portion of the extraction nozzle and at least partially surrounding the suction air inlet.
Regarding claim 8, GI further discloses that a plurality of crenulations are formed in a distal edge of the wall (stepped portions formed in portion 103 defining the plurality of openings 103a are considered to read on the term “crenulations”).
Regarding claim 10, GI further discloses that the suction air inlet is T-shaped (inlets 103a each extend vertically into the internal space, which then expands in the horizontal directions as viewed for Figs. 6 and 7, such that each inlet connects with the internal space to form a T-shape).
Regarding claim 11, GI further discloses that the plurality of agitators further include a first set of agitators disposed on the first interior area (bristles 93) and a second set of agitators extending along the working surface edge (outermost rows of projections 106 and knobs 91 along the outer perimeter), wherein the first set of agitators include a different shape from the second set of agitators (bristles clearly arranged in a different shape than the linear arrangement of projections 106 or the linear shape with curved ends of knobs 91).
Regarding independent claim 12, GI further discloses the surface cleaner, comprising: a fluid delivery system comprising at least one fluid conduit (49) fluidly coupled with at least one fluid distributor (85a/86a) for supplying cleaning fluid to a surface being cleaned; a recovery system including a suction hose (30) fluidly coupled with a recovery tank and a suction source for extracting fluid and debris from the surface; and an accessory tool assembly comprising: a front end and a rear end opposed to the front end, wherein a longitudinal direction extends through the front and rear ends and a transverse direction extends perpendicular to the longitudinal direction, further wherein the rear end is configured to fluidly couple with the hose (30) of the surface cleaner; a working surface on an underside of the front end; a plurality of agitators (outermost rows of projections 106 and knobs 91) extending from the working surface defining a first interior area therewithin; an extraction nozzle positioned on the first interior area, the extraction nozzle defining at least a portion of a suction air inlet (103a), wherein the extraction nozzle and the suction air inlet include a longitudinal portion that extends in the longitudinal direction (as discussed above for claim 1); and an internal cavity that is configured to receive a distal end of the suction hose (as shown in Fig. 7).
Regarding claim 13, GI further discloses that the internal cavity defines an opening (95) configured to permit fluids to be dispensed onto a surface therethrough.
Regarding claim 14, GI further discloses that the internal cavity is configured to receive at least one fluid distributor (85) carried by the suction hose (via conduit 49 that is within the suction hose).
Regarding claim 15, GI further discloses that the at least one fluid distributor includes an intermediate channel (49, as seen in Fig. 8) that is formed at an angle (see rejection under 35 U.S.C. 112(b) above) to a fluid conduit (85) such that a flow of fluid through the fluid conduit changes direction at the intermediate channel.
Regarding claim 16, GI further discloses that the at least one fluid distributor comprises a first fluid distributor and a second fluid distributor (as discussed supra for claim 6).
Regarding claim 17, GI further discloses that the extraction nozzle and the suction air inlet include a transverse portion that extends in the transverse direction (as discussed supra for claim 1).
Regarding claim 18, GI further discloses that the accessory tool assembly further comprises a wall extending from the working surface, thereby forming at least a portion of the extraction nozzle and at least partially surrounding the suction air inlet (as discussed supra for claim 7).
Regarding claim 19, GI further discloses that a plurality of crenulations are formed in a distal edge of the wall (as discussed supra for claim 8).
Regarding claim 20, GI further discloses that at least one fluid distributor (85/85a/86a) is disposed within the first interior area between the extraction nozzle and the rear end of the accessory tool assembly (as discussed supra for claims 4 and 5).
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 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Albishausen (GB 1243397; to be referred to hereinafter as AL) in view of Amoretti (5,400,462).
Regarding independent claim 12, AL further discloses the surface cleaner, comprising: a fluid delivery system comprising at least one fluid conduit (inlet 11) fluidly coupled with at least one fluid distributor (14) for supplying cleaning fluid to a surface being cleaned; a recovery system including a suction hose (5); and an accessory tool assembly comprising: a front end and a rear end opposed to the front end, wherein a longitudinal direction extends through the front and rear ends and a transverse direction extends perpendicular to the longitudinal direction, further wherein the rear end is configured to fluidly couple with the hose (5) of the surface cleaner; a working surface on an underside of the front end; a plurality of agitators (outermost rows of bristles 2) extending from the working surface defining a first interior area therewithin; an extraction nozzle positioned on the first interior area, the extraction nozzle defining at least a portion of a suction air inlet (20), wherein the extraction nozzle and the suction air inlet include a longitudinal portion that extends in the longitudinal direction (as discussed above for claim 1); and an internal cavity that is configured to receive a distal end of the suction hose (housing 3 shown with a cavity to receive hose 5 in Fig. 1). However, AL fails to specifically disclose that the suction hose is fluidly coupled with a recovery tank and a suction source for extracting fluid and debris from the surface. Amoretti discloses a similar accessory, also for use in cleaning, and teaches that the hose for collecting fluid and debris from the accessory is fluidly coupled with a recovery tank (36) and a suction source (27) for extracting fluid and debris from the surface. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide a suction source and collection container similar to Amoretti for use with the accessory of AL, for collection of the waste liquid/debris and to provide the suction to do so.
Regarding claim 13, AL further discloses that the internal cavity defines an opening (14) configured to permit fluids to be dispensed onto a surface therethrough.
Regarding claim 14, AL further discloses that the internal cavity is configured to receive at least one fluid distributor carried by the suction hose.
Regarding claim 15, AL further discloses that the at least one fluid distributor includes an intermediate channel that is formed at an angle (see rejection under 35 U.S.C. 112(b) above) to a fluid conduit such that a flow of fluid through the fluid conduit changes direction at the intermediate channel (although not clearly shown, the control chamber 9 must have a channel extending perpendicular to the inlet 11, to convey the fluid from the inlet to the outlets 28, which will require a change in direction after entering the control chamber).
Regarding claim 16, AL further discloses that the at least one fluid distributor comprises a first fluid distributor and a second fluid distributor (as discussed supra for claim 6).
Regarding claim 17, AL further discloses that the extraction nozzle and the suction air inlet include a transverse portion that extends in the transverse direction (as discussed supra for claim 1).
Regarding claim 18, AL further discloses that the accessory tool assembly further comprises a wall extending from the working surface, thereby forming at least a portion of the extraction nozzle and at least partially surrounding the suction air inlet (as discussed supra for claim 7).
Regarding claim 19, AL further discloses that a plurality of crenulations are formed in a distal edge of the wall (as discussed supra for claim 8).
Regarding claim 20, AL further discloses that at least one fluid distributor (control chamber 9) is disposed within the first interior area between the extraction nozzle and the rear end of the accessory tool assembly (as discussed supra for claims 4 and 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of Amoretti (5,400,462)and Hornschuch et al. (3,161,900) disclose inventions having 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at 571-272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYAN R MULLER/Primary Examiner, Art Unit 3723 9 April 2026
1 "Collins English Dictionary — Complete & Unabridged" 2012 Digital Edition © William Collins Sons & Co. Ltd. 1979, 1986 © HarperCollins Publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009, 2012
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