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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/9/2023, 12/17/2024, and 6/12/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 § 2146 et seq. 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.
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Claims 1 and 10 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 8, 10 and 18 of copending Application No. 18560077 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application
copending Application No. 18560077
Claim 1: A floor brush assembly for a vacuum cleaner, the floor brush assembly comprising: a roller brush component, the roller brush component comprising a sleeve and a roller brush body rotatably mounted in the sleeve, the roller brush body being provided with bristles; and
a driving mechanism, a first driving member, a second driving member,
the driving wheel is connected to the first driving member through a transmission shaft to drive the roller brush body to rotate;
the first driving member and the second driving member are eccentrically arranged to allow the bristles to be selectively extended out of or retracted into the sleeve.
the driving mechanism comprising a power source and a transmission component, the transmission component comprising
and a driving wheel connected to the power source, wherein:
the driving wheel is connected to the second driving member through a linkage structure to drive the sleeve to rotate; and
Claim 1: A floor brush assembly for a vacuum cleaner, the floor brush assembly comprising: a roller brush component, the roller brush component comprising a sleeve and a roller brush body rotatably mounted in the sleeve, the roller brush body being provided with bristles arranged in an elongated shape to form a bristle portion, the sleeve having an avoidance opening of an elongated shape, and the bristle portion and the avoidance opening being arranged to directly face towards each other in a radial direction of the roller brush body;
a driving mechanism, the driving mechanism comprising a first driving member and a second driving member,
the first driving member being configured to drive the roller brush body to rotate, the second driving member being configured to drive the sleeve to rotate, and
Claim 8: the driving wheel being connected to the first driving member through the transmission shaft
Claim 1: the first driving member and the second driving member being eccentrically arranged to allow the bristle portion to be selectively extended or retracted through the avoidance opening.
Claim 8: wherein the driving mechanism further comprises a power source,
a driving wheel connected to the power source, a transmission shaft, and
a linkage structure, the driving wheel being connected to the first driving member through the transmission shaft and connected to the second driving member through the linkage structure.
Claim 10: A vacuum cleaner, comprising: a floor brush assembly, comprising: a roller brush component, the roller brush component comprising a sleeve and a roller brush body rotatably mounted in the sleeve, the roller brush body being provided with bristles; and
a driving mechanism, a first driving member, a second driving member,
the driving wheel is connected to the first driving member through a transmission shaft to drive the roller brush body to rotate;
the first driving member and the second driving member are eccentrically arranged to allow the bristles to be selectively extended out of or retracted into the sleeve.
the driving mechanism comprising a power source and a transmission component, the transmission component comprising
and a driving wheel connected to the power source, wherein:
the driving wheel is connected to the second driving member through a linkage structure to drive the sleeve to rotate; and
Claim 10: A vacuum cleaner, comprising: a floor brush assembly comprising: a roller brush component, the roller brush component comprising a sleeve and a roller brush body rotatably mounted in the sleeve, the roller brush body being provided with bristles arranged in an elongated shape to form a bristle portion, the sleeve having an avoidance opening of an elongated shape, and the bristle portion and the avoidance opening being arranged to directly face towards each other in a radial direction of the roller brush body; and
a driving mechanism, the driving mechanism comprising a first driving member and a second driving member,
the first driving member being configured to drive the roller brush body to rotate, the second driving member being configured to drive the sleeve to rotate, and
Claim 8: the driving wheel being connected to the first driving member through the transmission shaft
Claim 1: the first driving member and the second driving member being eccentrically arranged to allow the bristle portion to be selectively extended or retracted through the avoidance opening.
Claim 8: wherein the driving mechanism further comprises a power source,
a driving wheel connected to the power source, a transmission shaft, and
a linkage structure, the driving wheel being connected to the first driving member through the transmission shaft and connected to the second driving member through the linkage structure.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 2-9 and 11-28 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 claim and any intervening claims.
Claim 1 recites “wherein: the driving wheel is connected to the first driving member through a transmission shaft to drive the roller brush body to rotate; the driving wheel is connected to the second driving member through a linkage structure to drive the sleeve to rotate” and is considered allowable subject matter. The closest prior art of Xu et al. US 20230051802 discloses: A floor brush assembly for a vacuum cleaner (Fig 22: 100), the floor brush assembly comprising:
a roller brush component (Fig 24: 1), the roller brush component comprising a sleeve (13) and
a roller brush body (11) rotatably mounted in the sleeve (11 within 13),
the roller brush body being provided with bristles (11); and
a driving mechanism (18, 181, 20, 21,22, 19, 23), the driving mechanism comprising
a power source (18 which needs power to run) and a transmission component (181, 20, 21,22, 19, 23), the transmission component comprising
a first driving member (21),
a second driving member (19), and
a driving wheel (181) connected to the power source (18 which needs power to run),
the first driving member (21 causes brush body 11 to rotated) and the second driving member (19 causes sleeve 13 to rotate) are eccentrically arranged to allow the bristles to be selectively extended out of or retracted into the sleeve (Par 125: the bristle is adapted to be extended out of and retracted into the scraping sleeve hole in the radial direction of the scraping sleeve during a rotation of the roller brush body and the scraping sleeve).
Xu is silent as to “wherein: the driving wheel is connected to the first driving member through a transmission shaft to drive the roller brush body to rotate; the driving wheel is connected to the second driving member through a linkage structure to drive the sleeve to rotate” This prior art discloses the driving wheel being connected to the first driving member and second driving member through belts and not shafts and linkages. There is not prior art found in the search which teaches or would reasonably be obvious to modify into a vacuum that teaches these limitations.
Claim 10 distinguishes itself in the same manner as in claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nguyen et al. US 20210186291 discloses a sleeve and body brush assembly similar to applicants. Peng et al. US 20200245831 discloses the gear assembly for rotating the brush assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew J Marien whose telephone number is (469)295-9159. The examiner can normally be reached 9:00 am- 6:00 pm CST, Monday through Friday.
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/Andrew J Marien/Primary Examiner, Art Unit 3745