Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/17/2023 has been received and considered by the examiner.
Claim Objections
Claims 2, 5, and 9 are objected to because of the following informalities:
In claim 2, line 3 “the median longitudinal planes” should be “[[the]] a median longitudinal plane”
In claim 5, lines 2-3 “the median longitudinal planes” should be “[[the]] a median longitudinal plane”
In claim 9, line 3 “the width of the abutment part” should be “[[the]] a width of the abutment part”
Appropriate correction is required.
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 8-10 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.
Claim 8 recites the limitation "a horizontal surface" in line 5. It is unclear if the applicant is referring to multiple/different horizontal surfaces or if the applicant is referring to the horizontal surface as introduced in claim 1, line 19, thus rendering the claim indefinite. For examining purposes, the examiner is to interpret the claim limitation to be referring to a single horizontal surface.
Claim 9 recites the limitation " the first and second blocking surfaces" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation " the guide part" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "a horizontal surface" in line 4. It is unclear if the applicant is referring to multiple/different horizontal surfaces or if the applicant is referring to the horizontal surface as introduced in claim 1, line 19, thus rendering the claim indefinite. For examining purposes, the examiner is to interpret the claim limitation to be referring to a single horizontal surface.
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 1-3, 8-9, 11-12, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lindquist (US Pub. No. 2012/0090132).
Regarding claim 1, Lindquist discloses: a vacuum cleaner nozzle (Figures 1-5 and see also paragraph 0033) comprising:
- a main body (element 1) including a sole (element 2) provided with a lower face (see figure 5 annotated below Detail A) configured to be oriented towards a surface to be cleaned (see figures 4-5), and a suction mouth (element 3) emerging into the lower face of the sole (see figure 5 annotated below),
- a connecting sleeve (element 5) to which a suction tube (element 7) of a vacuum cleaner is configured to be fastened (see paragraph 0033), the connecting sleeve being fluidly connected to the suction mouth (see figure 5),
- a hinge device (elements 9/10/11/13 and see also figures 1-2 annotated below Detail B) mechanically and hingedly connecting the connecting sleeve to the main body (see figure 1 and see also paragraph 0033-0034), the hinge device comprising a first pivot connection (element 10) defining a first pivot axis (axis B) extending transversely to a main movement direction (direction that axis D is directed to) of the vacuum cleaner nozzle (see figure 1) and configured to allow a tilting of the connecting sleeve forwards and backwards relative to the main body and about the first pivot axis (see paragraph 0035), and comprising a second pivot connection (see figures 1-2 annotated below Detail B) defining a second pivot axis (axis C) and configured to allow a tilting of the connecting sleeve leftwards and rightwards relative to the main body and about the second pivot axis (see paragraph 0035),
wherein the vacuum cleaner nozzle includes a pivot blocking device (see figures 1-2 annotated below Detail C) provided in a rear part (see figure 1 annotated below Detail D) of the main body, the pivot blocking device including a blocking part (see figure 3 annotated below Detail E) partly delimiting a blocking area (see figure 2 annotated below Detail F) and configured to block a pivoting of the connecting sleeve about the second pivot axis at least when the connecting sleeve occupies a predetermined sleeve position in which, when the vacuum cleaner nozzle rests on a horizontal surface, a central longitudinal axis of the connecting sleeve extends substantially horizontally (See figures 1 and 5 showing the connecting sleeve occupying a predetermined sleeve position in which the vacuum rests on a horizontal surface in order to vacuum (as best shown in figure 5) and having a central longitudinal axis (axis D) of the connecting sleeve extends substantially horizontally (see figures 1 and 5). See also the connecting sleeve (element 5) being pivotal about the second pivot axis (axis C and see also paragraph 0035) and element 13, which is pivotally connected to element 9 via the second pivot connection (Detail B), having wall surfaces which would necessarily abut a portion (dotted arrows of Detail E) of the blocking part (Detail E) when tilting of the connecting sleeve in the leftwards and rightwards direction relative to the main body and about the second pivot axis. Therefore, giving that the prior art discloses the structure of the blocking part and giving that there is no additional structure or structural difference, thus the prior art would be capable of blocking the pivoting of the connecting sleeve about the second pivot axis at least when the connecting sleeve occupies a predetermined sleeve position in which, when the vacuum cleaner nozzle rests on a horizontal surface, a central longitudinal axis of the connecting sleeve extends substantially horizontally, as recited.)).
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Regarding claim 2, Lindquist discloses: the vacuum cleaner nozzle according to claim 1, wherein the blocking part and the connecting sleeve are configured such that, when the connecting sleeve occupies the predetermined sleeve position, the central longitudinal axis of the connecting sleeve is located in the median longitudinal plane of the vacuum cleaner nozzle (see annotated figures 1 and 5 above) showing the blocking part (Detail E) and the connecting sleeve (element 5) occupying a predetermined sleeve position, the central longitudinal axis (axis D) of the connecting sleeve is located in the median longitudinal plane (plane in the direction of axis D which would necessarily sperate the nozzle in half (left and right))).
Regarding claim 3, Lindquist discloses: the vacuum cleaner nozzle according to claim 1, wherein the connecting sleeve includes an abutment part (see figure 2 annotated below Detail F) configured to cooperate with the blocking part when the connecting sleeve occupies the predetermined sleeve position, so as to prevent a pivoting of the connecting sleeve about the second pivot axis (See figures 1 and 5 showing the connecting sleeve occupying a predetermined sleeve position in which the vacuum rests on a horizontal surface in order to vacuum (as best shown in figure 5) and having a central longitudinal axis (axis D) of the connecting sleeve extends substantially horizontally (see figures 1 and 5). See also the connecting sleeve (element 5) being pivotal about the second pivot axis (axis C and see also paragraph 0035) and element 13, which is pivotally connected to element 9 via the second pivot connection (Detail B), having the abutment part (Detail F) which would necessarily abut a portion (dotted arrows of Detail E) of the blocking part (Detail E) when tilting of the connecting sleeve in the leftwards and rightwards direction relative to the main body and about the second pivot axis. Therefore, giving that the prior art discloses the structure of the blocking part and giving that there is no additional structure or structural difference, thus the prior art would be capable of having the abutment part cooperate with the blocking part when the connecting sleeve occupies the predetermined sleeve position, so as to prevent a pivoting of the connecting sleeve about the second pivot axis, as recited.)).
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Regarding claim 8, Lindquist discloses: the vacuum cleaner nozzle according to claim 1, wherein the blocking part includes a first blocking surface (see figure 1 annotated below Detail A) and a second blocking surface (see figure 1 annotated below Detail B) which are disposed on either side of the median longitudinal plane of the vacuum cleaner nozzle and which extend substantially vertically when the vacuum cleaner nozzle rests on a horizontal surface (see annotated figure 1 below) showing the first/second blocking surfaces (Detail A/B) disposed on either side of the median longitudinal plane ((plane in the direction of axis D which would necessarily sperate the nozzle in half (left and right)) and extending vertically when the vacuum cleaner nozzle rests on a horizontal surface).
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Regarding claim 9, Lindquist discloses: the vacuum cleaner nozzle according to claim 3, wherein the first and second blocking surfaces (see figure 1 annotated below Detail A and Detail B) are spaced apart from each other by a spacing distance (see figure 3 annotated below Detail C) corresponding substantially to the width of the abutment part (Giving that the claim does not require or further limit where an end or starting point of the spacing distance needs to be in relation of a width of the abutment part, thus the examiner selects a portion of the spacing distance (Detail C) which would necessarily correspond substantially to the width of the abutment part (width of element 14a).).
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Regarding claim 11, Lindquist discloses: the vacuum cleaner nozzle according to claim 1, wherein the hinge device includes a connecting member (element 11) hingedly mounted on the main body through the first pivot connection (see figure 1), the connecting sleeve being hingedly mounted on the connecting member through the second pivot connection (see figure 1).
Regarding claim 12, Lindquist discloses: the vacuum cleaner nozzle according to claim 1, wherein the main body includes an upper cover (upper shell of element 10 and including elements 4a/4b) fastened to the sole (see pargraph 0038) and configured to cover at least partly the sole (see figures 1 and 4), the pivot blocking device being provided on the upper cover (see figure annotated above on page 7).
Regarding claim 16, Lindquist discloses: a vacuum cleaner (see paragraph 0033) comprising a vacuum cleaner nozzle according to claim 1 (see rejection of claim 1 above (pages 4-8)).
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Lindquist (US Pub. No. 2012/0090132).
Regarding claim 15, Lindquist discloses: the vacuum cleaner nozzle according to claim 1, wherein the main body includes an air outlet endpiece (see figure 5 annotated below Detail A) having a central axis (see figure 5 annotated below X-X axis) which is configured to be inclined, relative to the horizontal (axis D), at an angle (see figure 5 annotated below Detail B) of inclination, when the vacuum cleaner nozzle rests on a horizontal surface (see figure 5 annotated below).
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However, Lindquist does not explicitly discloses wherein the angle of inclination comprised between 40° and 60°.
However, it there is no evidence of record that establishes that changing the angle between the central axis and horizontal would result in a difference in function of the Lindquist et al. vacuum cleaner nozzle. Further, a person having ordinary skill in the art, being faced with modifying the angle of Lindquist, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed angles. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the angle of inclination to comprised between 40° and 60° as an obvious matter of design choice within the skill of the art. Lastly, applicant has not disclosed that the following claim limitations solves any stated problem (see specification page 0011, ll. 2-5), therefore there is no criticality placed on the angle claimed such that it produces an unexpected result.
Claims 1-7, 9, 13-14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Dahl (US Patent No. 2,170,963) in view of McLeod (US Pub. No. 2011/0214252).
Regarding claim 1, Dahl discloses: a vacuum cleaner nozzle (Figures 1-4 and see also page 001, col. 1, ll. 47-52) comprising:
- a main body (element 10), and a suction mouth (see figures 2-3 annotated below Detail A),
- a connecting sleeve (element 11) to which a suction tube (element 12) of a vacuum cleaner is configured to be fastened (see figure 1 and see also page 001, col. 1, ll. 1-3 and ll. 47-52), the connecting sleeve being fluidly connected to the suction mouth (see figures 2-3 annotated below),
- a hinge device (elements 18/19/20/22) mechanically and hingedly connecting the connecting sleeve to the main body (see figures 2-3), the hinge device comprising a first pivot connection (element 18) defining a first pivot axis (element 16) extending transversely to a main movement direction (see figure 2 annotated below Detail B) of the vacuum cleaner nozzle (see figure 2 annotated below showing element 16 going through a center point of the first pivot connection (element 18), thus defining the first axis (i.e. axis going into the page) which would necessarily be extending transversely the main movement direction (Detail B)) and configured to allow a tilting of the connecting sleeve forwards and backwards relative to the main body and about the first pivot axis (see figure 2 annotated below showing the connection sleeve (element 11) tilting forward (phantom lines) and backwards (see forwards and backwards arrows) relative to the main body and about the first pivot axis), and comprising a second pivot connection (element 19) defining a second pivot axis (see figure 2 annotated below Detail X2) and configured to allow a tilting of the connecting sleeve leftwards and rightwards relative to the main body and about the second pivot axis (see figure 3 annotated below showing the connection sleeve (element 11) tilting leftwards and rightwards (left-right arrow) relative to the main body and about the second pivot axis),
wherein the vacuum cleaner nozzle includes a pivot blocking device (see figures 2-3 annotated below Detail C); provided in a rear part of the main body (see page 001, col. 1, ll. 37-38 where the prior art discloses “Fig. 3 is a transverse section along line 3-3 of Figure 2”, see also figure 2 annotated below showing the rear part (Detail D) of the starting from line 3-3, thus figure 3 shows the rear part of the main body that includes the pivot blocking device (Detail C)), the pivot blocking device including a blocking part (see figure 3 annotated below Detail E) partly delimiting a blocking area (see figures 2-3 annotated below Detail F) and configured to block a pivoting of the connecting sleeve about the second pivot axis at least when the connecting sleeve occupies a predetermined sleeve position in which, when the vacuum cleaner nozzle rests on a horizontal surface, a central longitudinal axis of the connecting sleeve extends substantially horizontally (See figure 3 annotated below showing a portion of the blocking part (left-side Detail C) blocking a pivoting (see arrows by element 17) of the connecting sleeve (element 11) about the second axis (Detail X2). Therefore, giving that the prior art discloses the structure of the blocking part and giving that there is no additional structure or structural difference, thus the prior art would be capable of blocking the pivoting of the connecting sleeve about the second pivot axis at least when the connecting sleeve occupies a predetermined sleeve position in which, when the vacuum cleaner nozzle rests on a horizontal surface, a central longitudinal axis of the connecting sleeve extends substantially horizontally, as recited.)).
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However, Dahl appears to be silent wherein the main body includes a sole provided with a lower face configured to be oriented towards a surface to be cleaned and the suction mouth emerging into the lower face of the sole.
McLeod is also concerned in proving a vacuum cleaner nozzle (Figures 1-4 element 10 and see also paragraph 0053) comprising a main body (element 12) including a sole (element 26) provided with a lower face (see paragraph 0054 where the prior art discloses element 26 (sole) comprises elements 32/34 and see also figure 4 showing lower faces of elements 32/34) configured to be oriented towards a surface to be cleaned (see figure 4 and see also paragraph 0054) and a suction mouth (element 36) emerging into the lower face of the sole (see figure 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Dahl to incorporate the teachings of McLeod to provide a sole provided with a lower face configured to be oriented towards a surface to be cleaned and the suction mouth emerging into the lower face of the sole. One or ordinary skill in the art would recognize that providing sole with the added features of having two working edges would necessarily allow the user to engage the surface of a carpeted floor surface in order to agitate the fibers of a carpeted floor surface as the floor tool is maneuvered over such a surface as disclosed by McLeod (see paragraphs 0054-0055), thus helping to loosen and break up embedded dirt/debris and therefore enhancing cleaning operations.
Regarding claim 2, Dahl modified discloses: the vacuum cleaner nozzle according to claim 1, wherein the blocking part and the connecting sleeve are configured such that, when the connecting sleeve occupies the predetermined sleeve position, the central longitudinal axis of the connecting sleeve is located in the median longitudinal plane of the vacuum cleaner nozzle (see figures 2 annotated above showing a portion of the blocking part (Detail E) and the connecting sleeve (element 11) occupying a predetermined sleeve position, the central longitudinal axis (dotted lines going through element 11) of the connecting sleeve is located in the median longitudinal plane (plane in the direction of dotted lines of the axis going through element 11 which would necessarily sperate the nozzle in half (left and right))).
Regarding claim 3, Dahl modified discloses: the vacuum cleaner nozzle according to claim 1, wherein the connecting sleeve includes an abutment part (element 14a) configured to cooperate with the blocking part when the connecting sleeve occupies the predetermined sleeve position, so as to prevent a pivoting of the connecting sleeve about the second pivot axis (See figure 3 annotated below showing the abutment part (element 14a) cooperating with the left blocking part (Detail E) when the connecting sleeve (element 11) occupies a position in order to prevent pivoting about the second axis (Detail X2), therefore giving that the prior art discloses the structure of the blocking part and giving that there is no additional structure or structural difference, thus the prior art would be capable of cooperating with the blocking part when the connecting sleeve occupies the predetermined sleeve position, so as to prevent a pivoting of the connecting sleeve about the second pivot axis, as recited.).
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Regarding claim 4, Dahl modified discloses: the vacuum cleaner nozzle according to claim 1, wherein the pivot blocking device includes a guide part (see figure 2 annotated below Detail A) configured to guide the connecting sleeve towards the blocking area when the connecting sleeve is pivoted backwards and towards the predetermined sleeve position (see figure 2 annotated below showing the guiding part (Detail A) being a surface wall wherein portions (element 14) of the connecting sleeve (element 11) operably slides on (forward-backward) when towards the blocking area when the connecting sleeve is pivoted backwards and towards the position).
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Regarding claim 5, Dahl modified discloses: the vacuum cleaner nozzle according to claim 4, wherein, when the central longitudinal axis of the connecting sleeve is inclined laterally relative to the median longitudinal plane of the vacuum cleaner nozzle and the connecting sleeve is pivoted backwards and towards the predetermined sleeve position, the guide part is configured to cooperate with the connecting sleeve so as to pivot it about the second pivot axis and towards the median longitudinal plane of the vacuum cleaner nozzle (Giving that the prior art discloses the vacuum cleaner nozzle including the connecting sleeve (element 11) having a central axis (see figure 2 dotted line going through element 11) pivoting backwards/towards and pivot about second pivot axis (see figure 3 annotated above Detail X2) in cooperation with the guide part (see figure 2 annotated above Detail A) and giving that there is no additional structure or structural difference, thus the prior art would be capable of having wherein when the central longitudinal axis of the connecting sleeve is inclined laterally relative to the median longitudinal plane of the vacuum cleaner nozzle and the connecting sleeve is pivoted backwards and towards the predetermined sleeve position, the guide part is configured to cooperate with the connecting sleeve so as to pivot it about the second pivot axis and towards the median longitudinal plane of the vacuum cleaner nozzle, as recited.).
Regarding claim 6, Dahl modified discloses all the limitations as stated in the rejection of claims 1 and 4, but appears to be silent wherein the guide part has a general V shape.
However, it would have been it would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Dahl to provide wherein the guide part has a general V shape, since a change in shape of an element involves only routine skill in the art. One of ordinary skill in the art would recognize that having the guide part with a desired shape including the claimed general V shape would necessarily continue to provide the function of appropriately guiding and preventing misalignment of connecting sleeve towards the blocking area during pivoting operations (See MPEP 2144.04 (IV)(B)).
Regarding claim 7, Dahl modified discloses: the vacuum cleaner nozzle according to claim 4, wherein the guide part includes a first guide surface (see figure 3 annotated below Detail A) and a second guide surface (see figure 3 annotated below Detail B) which are disposed on either side of the median longitudinal plane of the vacuum cleaner nozzle (see figure 3 annotated below showing the first guide surface (Detail A) and second guide surface (Detail B) disposed on either side of the median longitudinal plane of element 17), the first and second guide surfaces converging towards the blocking part (see figure 3 annotated below showing the first guide surface (Detail A) and second guide surface (Detail B) converging towards each respective blocking part).
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Regarding claim 9, Dahl modified discloses: the vacuum cleaner nozzle according to claim 3, wherein the first and second blocking surfaces (see figure 3 annotated below Detail A and Detail B) are spaced apart from each other by a spacing distance (see figure 3 annotated below Detail C) corresponding substantially to the width of the abutment part (Giving that the claim does not require or further limit where an end or starting point of the spacing distance needs to be in relation of a width of the abutment part, thus the examiner selects a portion of the spacing distance (Detail C) which corresponding substantially to the width of the abutment part (width of element 14a).).
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Regarding claim 13, Dahl modified discloses: the vacuum cleaner nozzle according to claim 1, which includes a rear anti-tilt abutment (Per the applicant’s disclosure page 15, ll. 8-9 “the rear anti-tilt abutment includes a first row of bristles”, similarly the prior art shows in figure 5 element 23 which is a “brush” (see page 002, col. 2, ll. 4), thus comprising a rear anti-tilt abutment.) provided on the main body (see figure 5), the rear anti-tilt abutment being located behind the suction mouth and at least partly behind the first pivot axis (see figure 2 annotated below showing the rear anti-tilt abutment (element 23) behind the suction mouth and at least partly behind the first pivot axis (element 16)).
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Regarding claim 14, Dahl modified discloses: the vacuum cleaner nozzle according to claim 13, wherein the rear anti-tilt abutment is deformable (see page 002, col. 2, ll. 4 where the prior art discloses element 23 as a “brush” which is well known in the art to be deformable).
Regarding claim 16, Dahl modified discloses: a vacuum cleaner (see page 001, col. 1, ll. 50-52) comprising a vacuum cleaner nozzle according to claim 1 (see rejection of claim 1 above (pages 15-20)).
Allowable Subject Matter
Claim 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 10 recites limitations regarding the vacuum cleaner nozzle, specifically wherein the guide part includes a first guide surface and a second guide surface disposed on either side of the median longitudinal plane of the vacuum cleaner nozzle, the first and second guide surfaces converging towards the blocking part, and wherein the pivot blocking device includes a first lateral wall and a second lateral wall located on either side of the median longitudinal plane, the first lateral wall including the first blocking surface and the first guide surface, and the second lateral wall including the second blocking surface and the second guide surface.
The prior art of Lindquist discloses the claim limitations of claims 1 and 8 as rejected above including having first/second blocking surfaces (see figure 1 annotated above on page 11 Detail A/B) spaced apart from, however the prior art does not disclose a first guide surface and a second guide surface disposed on either side of the median longitudinal plane of the vacuum cleaner nozzle, the first and second guide surfaces converging towards the blocking part, and wherein the pivot blocking device includes a first lateral wall and a second lateral wall located on either side of the median longitudinal plane, the first lateral wall including the first blocking surface and the first guide surface, and the second lateral wall including the second blocking surface and the second guide surface.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERTO SAENZ whose telephone number is (313)446-6610. The examiner can normally be reached Monday-Friday 7:30-4:30PM EST.
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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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/A.S./Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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