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 .
This Office action is in response to amendments filed on 04/14/2026. Claims 21-40 are pending. The previously filed 35 USC 112(a) rejection is withdrawn, as necessitated by the amendments and remarks filed on 04/14/2026.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/14/2026 has been entered.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21-22 and 25-28 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Na (US Patent No. 5,652,997).
Regarding claim 21, Na (US Patent No. 5,652,997) discloses a vacuum tool (fig. 2) configured to be removably coupled to a hose or wand of a vacuum (col. 2, ll. 20-24), the vacuum tool comprising:
a head (item 22; fig. 2) including one or more perimeter walls (defined as outer walls of item 22 forming rectangular inlet 24; fig. 2 ) forming a single, continuous opening (rectangular opening 24 is continuous, i.e. uninterpreted between perimeter walls, when brush is not inserted; similar to applicant’s disclosure) defined therein, the opening including an inlet defined at a distalmost end of the head (inlet defined as distalmost end of head, i.e. distalmost end of opening 24; fig. 2); and
a brush (item 30b; fig. 1) removably and selectively coupled to the head (via items 34, 36; figs. 2-3E) at a first mounting location (defined as mounting location when brush 30b is inserted in aperture 28b along head 22; fig. 3D) in which a portion of the brush extends through the inlet at a first exit location (portion of brush, i.e. bristles 32, extend through inlet at first exit location, which is defined as position of distalmost end of bristles 32 exiting beyond perimeter walls; designated in annotated fig. 3D below) and at a second mounting location (defined as mounting location when brush 30 is inserted in aperture 28c along head 22; fig. 3E), different from the first mounting location (figs. 3D-3E; first and second mounting locations are offset, i.e. different, from one another along longitudinal of head 22), in which the portion of the brush extends through the inlet at a second exit location (the portion of brush, i.e. bristles 32, extends through inlet at a second exit location, defined as position of distalmost end of bristles 32 extending beyond perimeter walls; designated in annotated fig. 3E below) different from the first exit location (both locations are offset, i.e. different, from one another in longitudinal direction of head 22).
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Annotated Figs. 3D-3E.
Regarding claim 22, Na discloses the vacuum tool as claimed in 21, wherein the portion of the brush is off-center in the inlet in the first exit location (the portion of the brush, i.e. bristles 32 on brush 30b, are off-center, i.e. to the left, in view of fig. 3D, e.g. first exit location).
Regarding claim 25, Na discloses the vacuum tool as claimed in 21, wherein a longitudinal axis (designated in annotated fig. 2 below as dashed double-arrowed line) extends through a center of the inlet (defined as center of rectangular inlet; fig. 2), and wherein a plane (defined as plane extending into the head 22 along double-arrow bolded line, i.e. diagonal through inlet) defined by the head at the inlet extends in a non-perpendicular direction relative to the longitudinal axis (plane extends at a transverse angle, which is not perpendicular to the longitudinal axis).
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First Annotated Fig. 2.
Regarding claim 26, Na discloses the vacuum tool as claimed in 25, wherein the brush includes an elongate support (designated in second annotated fig. 2 below by gray highlighted region of brush 30b) that extends along a first lateral axis with the brush coupled to the head in the first mounting location (defined as axis extending across width of elongate support and head 22 when brush 30b is mounted at aperture 28b, i.e. designated in second annotated fig. 2 below and annotated fig. 3D above) and that extends along a second lateral axis with the brush coupled to the head in the second mounting location (defined as axis extending across width of elongate support and head 22 when brush 30b is mounted at aperture 28c, i.e. designated in second annotated fig. 2 below and annotated fig. 3E above), and wherein the first lateral axis and second lateral axis extend perpendicularly to the longitudinal axis (both axes extend across width of head 22 and thereby perpendicular to longitudinal axis of rectangular inlet; annotated figs. 2 above and below).
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Second Annotated Fig. 2.
Regarding claim 27, Na discloses the vacuum tool as claimed in 25, wherein the portion of the brush extends through the inlet along a direction that is non-perpendicular to the plane (the portion of brush extends through inlet in a direction parallel to the longitudinal axis and thereby, transverse to the plane but not perpendicular to the plane; annotated fig. 2 above).
Regarding claim 28, Na discloses the vacuum tool as claimed in 21, wherein the brush is manually toollessly movable between the first mounting location and the second mounting location (col. 3, ll. 10-21; the brush 30b is removable from first mounting location and inserted into second mounting location, i.e. movable between the mounting locations, without the use of tools).
Claims 29-40 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Faith-Ell (US Patent No. 2,703,903).
The embodiment of figs. 1-5 is utilized in the following rejection. Please refer to those figures for details.
Regarding claim 29, Faith-Ell (US Patent No. 2,703,903) discloses a vacuum tool (figs. 1-5) configured to be removably coupled to a hose or wand of a vacuum (col. 1, ll. 56-63), the vacuum tool comprising:
a head (item 10; figs. 1-4) including an opening (col. 1, ll. 64-67; defined as interior of head 10; figs. 1-4) defined therein, the opening including an inlet (item 14; fig. 1) defined at an end of the head (col. 1, ll. 66-67 and col. 2, ll. 1-4; inlet 14 is defined at end of head by lips, i.e. items 15;figs. 1-2), the head including a perimeter wall (defined as perimeter wall 10, which includes integral ribs 16; col. 1,, ll. 78-81; figs. 2-4) at least partially forming the opening (perimeter wall 10 is a hollow body, thereby forming opening within perimeter wall) and having a first aperture (includes leftmost opening 17 and 19, in view of fig. 3) and second aperture (includes middle opening 17 and 18, in view of fig. 3) that is offset from the first aperture along a first direction (designated in annotated fig. 3 below; second aperture is to the right of the first aperture in the first direction, i.e. offset), the first aperture positioned between the inlet and the second aperture along a second direction (designated in annotated fig. 3 below) transverse to the first direction (second direction is transverse, i.e. perpendicular, to first direction; and first aperture is positioned between inlet and second aperture, which extends further from the inlet than the first aperture; annotated fig. 3 below); and
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Annotated Fig. 3.
a brush (item 20; figs. 1 and 5) removably and selectively coupled to the head (col. 2, ll. 36-44; brush 20 is removable from head 10 and capable of being coupled to different positions in head through first and/or second apertures), the brush including
a coupling portion (includes items 23, 25, 26; fig. 5) including a projection (item 26; fig. 5) receivable in the first aperture to place the brush in a first position (first position defined as position when brush 20 is mounted within leftmost opening 17, in view of figs. 3-4, and projection 26 snaps into item 19 of first aperture; col. 2, ll. 75-81) and receivable in the second aperture to alternatively place the brush in a second position (once brush 20 is removed from first position, brush 20 is alternatively placed in second position which is defined as position when brush 20 is mounted within middle passage 17, in view of figs. 3-4, and projection snaps into item 18 of second aperture), and
an elongate support (item 21; fig. 5) extending along a first lateral axis (defined as axis extending into the page in view of figs. 3-4 when brush 20 is mounted in first position with projection 26 in first aperture, i.e. mounted within leftmost opening 17) with the coupling portion received in the first aperture and extending along a second lateral axis (defined as axis extending into the page in view of figs. 3-4 when brush 20 is mounted in second position with projection 26 in second aperture, i.e. mounted within middle opening 17) with the coupling portion received in the second aperture, the first lateral axis and the second lateral axis being offset in both the first direction and the second direction (second lateral axis to the right of first lateral axis in view of figs. 3-4 and thereby, offset in a first direction; further, the first lateral axis is disposed closer to the inlet than the second lateral axis as the projection 26 extends further into the interior of the body via middle passage 17, i.e. second aperture, and therefore, the first lateral axis is offset from the second lateral axis in the second direction).
Regarding claim 30, Faith-Ell discloses the vacuum tool as claimed in 29, wherein the first lateral axis extends perpendicularly to the first direction and second direction (first lateral axis, which extends into the page in view of fig. 4, is perpendicular to both first and second directions; as designated in annotated fig. 3 above).
Regarding claim 31, Faith-Ell discloses the vacuum tool as claimed in 29, wherein the second direction is perpendicular to the first direction (annotated fig. 3 above).
Regarding claim 32, Faith-Ell discloses the vacuum tool as claimed in 29, wherein the brush is manually toollessly movable between the first position and the second position (col. 3, ll. 32-37; the brush 20 is removable from first position and inserted into second position, i.e. movable between the positions, without the use of tools).
Regarding claim 33, Faith-Ell (US Patent No. 2,703,903) discloses a vacuum tool (figs. 1-5) configured to be removably coupled to a hose or wand of a vacuum (col. 1, ll. 56-63), the vacuum tool comprising:
a head (item 10; figs. 1-4) including an opening (col. 1, ll. 64-67; defined as interior of head 10; figs. 1-4) defined therein, the opening including an inlet (item 14; fig. 1) defined at an end surface of the head (col. 1, ll. 66-67 and col. 2, ll. 1-4; inlet 14 is defined at end surface of head, i.e. lips 15; figs. 1-2), the inlet providing an entrance for dust and debris to flow into the head (col. 2, ll. 22-35; dust is loosened and suctioned through inlet, passages, and conduit 11), the head including a perimeter wall defined as perimeter wall 10, which includes integral ribs 16; col. 1, ll. 78-81; fig. 2 below) at least partially forming the opening (perimeter wall 10 is a hollow body, thereby forming opening within perimeter wall) and having a first groove (leftmost passage, i.e. groove, 17 in view of figs. 3-4) defined in and extending along an internal surface of the head (first groove 17 extends from inlet at perimeter wall and along internal surface of head, i.e. between ribs 16, which is integrally formed with perimeter wall 10; col. 1, ll. 72-82) from the inlet at the end surface of the head (first groove extends from inlet 14, defined at end surface 15 of head), the head further including a second groove (defined as middle passage, i.e. groove, 17 in view of figs. 3-4) defined in and extending along the internal surface of the head (second groove extends from inlet at perimeter wall and along internal surface of head, i.e. between ribs 16, which is integrally formed with perimeter wall 10) from the inlet at the end surface of the head (second groove extends from the inlet 14, defined at end surface 15 of head); and
a brush (item 20; figs. 1 and 5) removably and selectively coupled to the head (col. 2, ll. 36-44; brush 20 is removable from head 10 and capable of being coupled to different positions in head through first and/or second grooves) at a first position (defined as position of brush 20 when inserted through first groove, i.e. leftmost passage 17 in view of figs. 3-4) corresponding to the first groove and a second position (defined as position of brush 20 when inserted through second groove, i.e. middle passage 17 in view of figs. 3-4) corresponding to the second groove.
Regarding claim 34, Faith-Ell discloses the vacuum tool as claimed in 33, wherein the brush is manually toollessly movable between the first position and the second position (col. 3, ll. 32-37; the brush 20 is removable from first position and inserted into second position, i.e. movable between the positions, without the use of tools).
Regarding claim 35, Faith-Ell discloses the vacuum tool as claimed in 33, wherein the first groove and the second groove are offset from one another (first and second grooves are offset in left-right direction in view of figs. 3-4).
Regarding claim 36, Faith-Ell discloses the vacuum tool as claimed in 33, wherein the brush is slidable along each of the first groove and the second groove (brush 20 slides along first and second grooves to insert and snap into place once item 26 on brush reaches end of the respective groove(s); col. 2, ll. 75-81).
Regarding claim 37, Faith-Ell discloses the vacuum tool as claimed in 33, wherein the brush is off-center in the inlet in the first position (brush 20 is off-center, i.e. to the left in view of figs. 3-4, in the inlet 14 when mounted in the first position).
Regarding claim 38, Faith-Ell discloses the vacuum tool as claimed in 33, wherein the perimeter wall includes a first aperture (item 19 defined at end of left-most rib 16, which is part of perimeter wall 10; col. 1, ll. 5; figs. 1 and 3) defined therein and positioned at least partially within the first groove (first aperture 19 defined partially within, i.e. at end of, first groove, in order for brush to snap into place once inserted; fig. 3) and a second aperture (item 18 defined at end of middle rib 16, which is part of perimeter wall 10; col. 2, ll. 5; figs. 1 and 3) defined therein and positioned at least partially within the second groove (second aperture 19 defined partially within, i.e. at end of, second groove, in order for brush 20 to snap into place once inserted along second groove; fig. 3), wherein a portion of the brush (item 26; fig. 5) is receivable in the first aperture to inhibit the brush from sliding along the first groove in the first position (portion of brush, i.e. item 26, is capable of snapping into place at first aperture 19 to inhibit brush 20 from sliding out from first groove when mounted into first position; col. 2, ll. 75-82), and wherein the portion of the brush is receivable in the second aperture to inhibit the brush from sliding along the second groove in the second position (the portion of the brush, i.e. item 26, is capable of snapping into place at second aperture 18 to inhibit the brush 20 from sliding out of the second groove when mounted in second position).
Regarding claim 39, Faith-Ell discloses the vacuum tool as claimed in 38, wherein the portion of the brush is rotatable within the first aperture with the brush disposed in the first position (the portion of the brush, i.e. item 26, is capable of rotating within the first aperture 19 due to the resiliency of the ribs 16 defining the aperture; col. 2, ll. 67-82) and rotatable within the second aperture with the brush disposed in the second position (similarly, the portion of the brush, i.e. item 26, is capable of rotating within the second aperture 18 due to the resiliency of the ribs 16 defining the aperture; col. 2, ll. 67-82).
Regarding claim 40, Faith-Ell discloses the vacuum tool as claimed in 38, wherein the first aperture is positioned at an end of the first groove opposite from the inlet (first aperture 19 is positioned at end of first groove on opposing end from inlet, which is positioned at end surface 15 of head; fig. 3), and wherein the second aperture is positioned at an end of the second groove opposite from the inlet (second aperture 18 is positioned at end of second groove on opposing end from inlet, which is positioned at end surface 15 of head; fig. 3).
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 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Na (US Patent No. 5,652,997) in view of Abrams et al. (US Patent No. 2,674,001).
Regarding claim 23, Na discloses the vacuum tool as claimed in 21, wherein the brush includes bristles (items 32; figs. 2 and 3D-3E), and wherein, with the brush coupled to the head in the first mounting location (defined as position in view of fig. 3D), each of the bristles has a first end (defined as end of bristles directly attached elongate support; designated by dashed boundary line in second annotated fig. 3D below) positioned within the head (first end of bristles extend into interior volume of head 22 portion; similar to applicant’s disclosure) and a second end (defined as distalmost end of bristles furthest away from elongate support; designated by bolded boundary line in second annotated fig. 3D below) positioned outside of the head (second end of bristles 32 extend outside of head to contact the surface to be cleaned).
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Second Annotated Fig. 3D.
Na does not explicitly disclose wherein the bristles extend long enough for the first end of the bristles to be positioned within the head also in the second mounting location (defined as position in view of fig. 3E).
However, Abrams et al, a tool comprising a head (item 10) and selectively coupled brush (item 12) within the head, wherein the brush comprises an elongate support (item 12b; fig. 4) and bristles (item 12) having a first end (item 12c; fig. 4) directly attached to the elongate support (corresponding to first end of bristles mounting directly to elongate support in Na) and a second end (bottommost end of bristles 12a that contact the surface; corresponding to second end of bristles in Na), wherein the brush is mounted in the head at a first mounting location (when brush 12 is mounted to item 11j on head; figs. 1 and 4) and a second mounting location (when brush is mounted to item 11h on head; figs. 1 and 7), and with the brush coupled to the head in both the first mounting location and the second mounting location, the first end of the bristles are positioned within the head and the second end of the bristles are positioned outside of the head (figs. 1, 4, and 7; in both positions, the first end of bristles are within head 12 and second end of bristles extend outward from head 10 to contact surface). The first mounting location in Abrams which teaches the brush mounted to the middle mounting hole is equivalent to the first mounting location in Na with the brush mounted to the middle mounting hole from the inlet; while the second mounting location in Abrams which teaches the brush mounted to the lowest mounting hole (closest to inlet) is equivalent to the second mounting location in Na with the brush mounted to the hole closest to the inlet.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brush, as disclosed in Na, to have a longer bristle length wherein the first end of the bristles extend in the head in both first and second mounting locations (lower and middle distance holes from inlet), as taught in Abrams, in order for the bristles to be relatively stiffer in the first mounting location to assist in cleaning stubborn soil and deeply penetrated stains on the surface (col. 3, ll. 5-12 in Abrams) and for the bristles to be almost fully extended in the second mounting location in order to be swept over the surface to be cleaned for the softer cleaning purposes (col. 3, ll. 44-53 in Abrams).
Regarding claim 24, Na as modified discloses the vacuum tool as claimed in 23, wherein the brush includes an elongate support (defined as gray highlighted portion in second annotated fig. 2 above), and wherein each of the bristles is connected to the elongate support at the first end (first end of bristles directly extends from elongate support, as modified from Abrams above).
Response to Arguments
Applicant’s arguments with respect to claim(s) 21, 29, and 33 have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. Upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of the same primary reference, Faith-Ell (US Patent No. 2,703,903), for independent claims 29 and 33. As necessitated by the amendments, a new grounds of rejection is made in view of Na (US Patent No. 5,692,997), which was utilized in Final Rejection filed on 05/13/2025, for independent claim 21. ). Further, the same teaching reference, Abrams et al. (US Patent No. 2,674,001), from previous Office action is utilized in the above rejection.
Conclusion
The following suggestion would appear to help define applicants claimed invention over the prior art and the Office may look favorably on such limitations and evidence: In the claims when claiming the “perimeter wall,” it would strength the limitation if it is claimed/clarified that: a head having perimeter walls including a top wall, a bottom wall positioned opposite the top wall, a first sidewall, and a second sidewall opposite the first sidewall, and wherein the grooves (e.g. first groove and second groove) are positioned on internal surface(s) of the first and second sidewalls and/or apertures (e.g. first aperture and second aperture) are positioned on the outermost surfaces of the first and second sidewalls.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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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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/SIDNEY D FULL/Examiner, Art Unit 3723
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