DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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 1-19 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 1, line 7 recites “a rotational axis” but line 5 recites the same thing. It is unclear if they are the same element. The same issue is seen in claim 16, line 7 and claim 19, line 7.
Claim 14, line 2 recites “an opening on the first sidewall” but line 1 also recites “an opening on a first sidewall”. It is unclear if they are the same element.
The remaining claims are rejected for depending on claims 1, 16 and 19.
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 1-3 and 8-18 are rejected under 35 U.S.C. 103 as being unpatentable over Downey (US 3,184,775) in view of Conrad (US 2016/0367092) and Grey (US 2004/0139993).
As to claim 1, Downey includes an attachment (10) for use with a vacuum cleaner, the attachment comprising:
a head housing (50) defining a brush roll cavity (14), and a battery cavity (The cavity within strap 43 containing battery 42; Fig. 4), wherein the battery cavity defines a central axis (A horizontal line in Fig. 1 passing through the vertical center of 42);
a brush roll (16) configured to be coupled to the head housing and positioned within the brush roll cavity, the brush roll being rotatable relative to the head housing about a rotational axis (A horizontal line in Fig. 1 passing through the vertical center of 14); and
an electric motor (36) configured to drive the brush roll, an output shaft (The cylindrical element of 36 which belt 38 is on) of the electric motor being rotatable about a rotational axis (A horizontal line in Fig. 1 passing through the vertical center of 36) [column 3, lines 18-34];
wherein the rotational axis of the brush roll is substantially parallel to the rotational axis of the output shaft of the electric motor and the central axis of the battery cavity (These three axes are parallel),
wherein the rotational axis of the output shaft of the motor is offset rearward of the rotational axis of the brush roll by a first distance (The axis of the motor/shaft is rearward of the axis of the brush roll by a distance; Fig. 1 and 2), and
wherein the central axis of the battery cavity is offset rearward of the rotational axis of the output shaft of the motor by a second distance (The axis of the battery cavity is rearward of the axis of the motor/shaft by a distance; Fig. 1).
Downey does not include a head housing with a motor cavity, the electric motor disposed within the motor cavity, and a substantially cylindrical battery cavity.
Conrad includes an attachment (102) for use with a vacuum cleaner, the attachment comprising a head housing (The outer casing of 102) with a motor cavity (504) containing an electric motor (162) [Fig. 7 and para 99].
Grey includes an attachment (1) for use with a vacuum cleaner, the attachment comprising a substantially cylindrical battery cavity (3, which contains a battery 7; Fig. 2).
It would have been obvious to modify Downey to have a motor cavity which contains the electric motor, as taught by Conrad, in order to muffle the sound created by the motor, making the vacuum cleaner less noisy.
It would have been obvious to substitute strap 43 of Downey for a substantially cylindrical battery cavity, as taught by Grey, in order to more securely hold the batteries 42 in place.
As to claim 2, wherein the battery cavity, the brush roll, and the electric motor are coplanar (One plane is able to pass through each).
As to claim 3, further comprising a removable battery (42) configured to be positioned within the battery cavity (42 is removable; column 2, lines 35-41), wherein the removable battery is substantially cylindrical (42 includes cylindrical batteries; Fig. 4).
As to claim 8, further comprising a suction tube (32, 26, 34) extending from the head housing and configured to engage the vacuum cleaner, the suction tube defining a suction inlet (32) at an outlet (24) of the brush roll cavity and extending from the suction inlet to a suction outlet (The right end of 34).
As to claim 9, wherein the suction tube extends upward and rearward from the suction inlet to the suction outlet (Fig. 3).
As to claim 10, wherein at least a portion of the suction tube overlaps a portion of the motor when viewed in a direction along the rotational axis of the output shaft of the motor (The tube overlaps the motor when viewed from the right side of the vacuum cleaner in Fig. 1).
As to claim 11, wherein the suction tube does not overlap the battery cavity when viewed in a direction along the central axis of the battery cavity (The tube does not overlap the battery cavity when viewed from the right side of the vacuum cleaner in Fig. 1).
As to claim 12, wherein the suction tube is substantially linear (shapewise) between the suction inlet and the suction outlet (Fig. 3).
As to claim 13, wherein the head housing includes a first sidewall, a second sidewall, a front wall, and a rear wall (Fig. 1 and 4), the head housing has a length extending between the first sidewall and the second sidewall, wherein the head housing has a width extending rearward from the front wall to the rear wall. Downey does not include wherein the width of the head housing is at least 80% of the length of the head housing.
It would have been a matter of routine optimization to modify said width and length to be as recited, in order to create a head housing adequately dimensioned to fit into cavities around the house.
As to claim 14, wherein the battery cavity has an opening (The opening where the battery is at) on a first sidewall (The wall of 50) of the head housing, and wherein the brush roll cavity has an opening (The bottom opening of 50) on the first sidewall of the head housing through which the brush roll is insertable into the brush roll cavity (Fig. 3).
As to claim 15, Downey does not include wherein the second distance is at least 40% of the first distance.
It would have been a matter of routine optimization to modify the distances to be as recited, based on modifying the overall length of the head housing and the elements within it, in order to in order to create a head housing adequately dimensioned to fit into cavities around the house, and in order to select the necessary motor and battery quality level.
As to claim 16, Downey includes an attachment (10) for use with a vacuum cleaner, the attachment comprising:
a head housing (50) defining a brush roll cavity (14), and a battery cavity (The cavity within strap 43 containing battery 42; Fig. 4), wherein the battery cavity defines a central axis (A horizontal line in Fig. 1 passing through the vertical center of 42);
a brush roll (16) configured to be coupled to the head housing and positioned within the brush roll cavity, the brush roll being rotatable relative to the head housing about a rotational axis (A horizontal line in Fig. 1 passing through the vertical center of 14);
an electric motor (36) configured to drive the brush roll, an output shaft (The cylindrical element of 36 which belt 38 is on) of the electric motor being rotatable about a rotational axis (A horizontal line in Fig. 1 passing through the vertical center of 36) [column 3, lines 18-34]; and
a suction tube (32, 26, 34) extending from the head housing and configured to engage the vacuum cleaner, the suction tube defining a suction inlet (32) at an outlet (24) of the brush roll cavity and extending from the suction inlet to a suction outlet (The right end of 34),
wherein at least a portion of the suction tube overlaps a portion of the motor when viewed in a direction (A direction right of the vacuum cleaner from the perspective of Fig. 1) along the rotational axis of the output shaft of the motor (The suction tube overlaps 36 when viewed from the right of the vacuum cleaner, as evidenced by Fig. 1-3), and
wherein the suction tube does not overlap the battery cavity when viewed in a direction (A direction right of the vacuum cleaner from the perspective of Fig. 1) along the central axis of the battery cavity (The suction tube extends under and not over the battery cavity when viewed from the right of the vacuum cleaner, as evidenced by Fig. 1-3).
Downey does not include a head housing with a motor cavity, the electric motor disposed within the motor cavity, and a substantially cylindrical battery cavity.
Conrad includes an attachment (102) for use with a vacuum cleaner, the attachment comprising a head housing (The outer casing of 102) with a motor cavity (504) containing an electric motor (162) [Fig. 7 and para 99].
Grey includes an attachment (1) for use with a vacuum cleaner, the attachment comprising a substantially cylindrical battery cavity (3, which contains a battery 7; Fig. 2).
It would have been obvious to modify Downey to have a motor cavity which contains the electric motor, as taught by Conrad, in order to muffle the sound created by the motor, making the vacuum cleaner less noisy.
It would have been obvious to substitute strap 43 of Downey for a substantially cylindrical battery cavity, as taught by Grey, in order to more securely hold the batteries 42 in place.
As to claim 17, wherein the suction tube (now understood as 32 and 26) includes an adapter (26) that is configured to removably couple to at least one of a hose, a tube, and an extension wand, the adapter including a sloped surface (26 includes a tapering wall with multiple diameters; Fig. 3) having different diameters along a longitudinal axis (A line passing through the center of 26) of the adapter, such that the adapter is configured to couple to the at least one of the hose, the tube, and the extension wand sized in more than one diameter (26 is able, after being disconnected from 34, to be attached to tubes with different diameters due to its tapering wall; Fig. 3).
As to claim 18, wherein the rotational axis of the brush roll is substantially parallel to the rotational axis of the output shaft of the electric motor and the central axis of the battery cavity (These three axes are parallel).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Downey (US 3,184,775) in view of Conrad (US 2016/0367092) and Grey (US 2004/0139993), and further in view of Kaffenberger (US 2011/0078871).
As to claim 5, Downey does not include wherein the battery cavity has an opening on a first sidewall of the head housing, wherein the removable battery is insertable into and removable from the battery cavity through the opening via translation along the central axis.
Kaffenberger includes an attachment (10) for use with a vacuum cleaner, the attachment comprising a battery cavity (The cavity containing battery 23) with an opening (The opening of 10 that 23 is inside of) on a first sidewall (The right wall of 10) of the head housing through which a battery (23) is insertable into and removable from the battery cavity via translation along the central axis (para 10).
It would have been obvious to modify Downey so that the battery cavity has an opening on a first sidewall of the head housing through which a battery is insertable into and removable from the battery cavity via translation along the central axis, as taught by Kaffenberger, in order to allow the battery to be removed for replacement once required with greater ease.
As to claim 6, wherein the battery cavity (The battery cavity added by Grey encloses multiple elements, and therefore, it would have been obvious for the cavity to enclose elements 42, 44, 46 and 48, in order to protect each from damage due to blows) further comprises an electrical connector (Any of the electrical parts seen in Fig. 8) configured to engage the removable battery in the battery cavity, wherein the battery cavity has a length (Fig. 1 shows a distance from each element to the right wall of 50) extending between the opening and the electrical connector, wherein the motor has a length extending between a first axial end of the motor and a second axial end of the motor (The horizontal length of the motor in Fig. 1), wherein the length of the battery cavity is spaced apart from the length of the motor such that the motor and the battery cavity do not overlap (These do not overlap from the perspective of Fig. 1).
As to claim 7, Downey does not include wherein at least a portion of the battery extends outside of the battery cavity when coupled to the head housing.
Kaffenberger includes an attachment (10) for use with a vacuum cleaner, the attachment comprising a battery cavity (The cavity containing battery 23) with an opening (The opening of 10 that 23 is inside of) on a first sidewall (The right wall of 10) of the head housing through which at least a portion of the battery extends outside of the battery cavity (para 10).
It would have been obvious to modify Downey so that at least a portion of the battery extends outside of the battery cavity when coupled to the head housing, as taught by Kaffenberger, in order to permit the battery to be more easily removed from the vacuum cleaner for replacement.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Downey (US 3,184,775) in view of Conrad (US 2016/0367092) and Kaffenberger (US 2011/0078871).
As to claim 19, Downey includes an attachment (10) for use with a vacuum cleaner, the attachment comprising:
a head housing (50) defining a brush roll cavity (14), and a battery cavity (The cavity within strap 43 containing battery 42; Fig. 4), wherein the battery cavity defines a central axis (A horizontal line in Fig. 1 passing through the vertical center of 42);
a brush roll (16) configured to be coupled to the head housing and positioned within the brush roll cavity, the brush roll being rotatable relative to the head housing about a rotational axis (A horizontal line in Fig. 1 passing through the vertical center of 14); and
an electric motor configured to drive the brush roll, an output shaft of the electric motor being rotatable about a rotational axis (A horizontal line in Fig. 1 passing through the vertical center of 36);
wherein the battery cavity has a length (The horizontal length of the battery cavity in Fig. 1) measured along the central axis, wherein the motor has a length (The horizontal length of the motor in Fig. 1) measured along the rotational axis of the output shaft of the motor, and the length of the battery cavity is spaced apart from the length of the motor such that the length of the motor and the length of the battery cavity do not overlap (The length of the battery cavity and the length of the motor do not overlap when they are viewed from the perspective of Fig. 1).
Downey does not include a head housing with a motor cavity, the electric motor disposed within the motor cavity, and wherein the battery cavity has an opening on a first sidewall of the head housing through which a battery is insertable into and removable from the battery cavity via translation along the central axis.
Conrad includes an attachment (102) for use with a vacuum cleaner, the attachment comprising a head housing (The outer casing of 102) with a motor cavity (504) containing an electric motor (162) [Fig. 7 and para 99].
Kaffenberger includes an attachment (10) for use with a vacuum cleaner, the attachment comprising a battery cavity (The cavity containing battery 23) with an opening (The opening of 10 that 23 is inside of) on a first sidewall (The right wall of 10) of the head housing through which a battery (23) is insertable into and removable from the battery cavity via translation along the central axis (para 10).
It would have been obvious to modify Downey to have a motor cavity which contains the electric motor, as taught by Conrad, in order to muffle the sound created by the motor, making the vacuum cleaner less noisy.
It would have been obvious to modify Downey so that the battery cavity has an opening on a first sidewall of the head housing through which a battery is insertable into and removable from the battery cavity via translation along the central axis, as taught by Kaffenberger, in order to allow the battery to be removed for replacement once required with greater ease.
As to claim 20, wherein the battery cavity has a width (The horizontal length of the battery cavity in Fig. 1) measured normal to the central axis, wherein the motor has a width (The horizontal length of the motor in Fig. 1) measured normal to the rotational axis of the output shaft of the motor, and the width of the battery cavity overlaps the width of the motor (when the vacuum cleaner is viewed from the right side in Fig. 1).
Allowable Subject Matter
Claim 4 is 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 claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica S. Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW A HORTON/Primary Examiner, Art Unit 3723