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 .
Double Patenting Rejection
1. 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. (11,992,170) to Thackery et al. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application in particular independent claims 1, 10 and 17 are encompassed by claims 1, 10 and 17 (‘170).
Rejections 35 U.S.C. § 102(a)(1)
2. 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 1-4, 9, 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication (2017/0007085) to Tahara.
Regarding independent claim 1, Tahara discloses a housing (11) supporting a suction motor assembly (23); and a collection bin (30) configured to attach to the housing below the suction motor assembly (23) and configured to receive debris separated from a working airflow when attached to the housing (11) (See paragraph [0011]),
the collection bin (30) including a top portion (near numeral 62 in FIG. 11) and a bottom portion (near numeral 162 in FIG. 11) opposite the top portion (near numeral 62 in FIG. 11) (See paragraph [0053] and FIG. 10),
the top portion (near numeral 62 in FIG. 11) located above the bottom portion (near numeral 162 in FIG. 11) when the collection bin (30) is in an upright and vertical orientation, an opening (10) adjacent the bottom portion of the collection bin, and a lid (13) moveable relative to the collection bin (10) to selectively cover the opening in a closed position and uncover the opening in an open position to empty contents of the collection bin (30) through the opening while the collection bin remains attached to the housing (11) (See paragraph [0053]-[0056]).
Regarding claim 2, Tahara discloses a latch (14) configured to secure the collection bin (30) to the housing (11) (See paragraph [0056]).
Regarding claim 3, Tahara discloses that the collection bin (30) is configured to separate from the housing (11) with that the lid (13) is movable to the open position to empty contents of the collection bin (30) through the opening while the collection bin (30) is separate from the housing (11) (See paragraph [0056]).
Regarding claim 4, Tahara discloses a battery receptacle (35) supported by the housing (11), the battery receptacle (35) configured to receive a rechargeable battery (90) for powering the suction motor assembly (23) (See paragraph [0064]).
Regarding claim 9, Tahara discloses the collection bin includes a bagless dirt cup (See paragraph [0053], uses centrifugal force to separate dust) and/or a cyclonic separator.
Regarding independent claim 17, Tahara discloses a housing (11) supporting a suction motor assembly (23); and a collection bin (30) configured to attach to the housing (11) below the suction motor assembly (23) and configured to receive debris separated from a working airflow when attached to the housing (11) (See paragraph [0011]),
the collection bin (30) including a top portion (near numeral 62 in FIG. 11) and a bottom portion (near numeral 162 in FIG. 11) (near numeral 62 in FIG. 11) (See paragraph [0053] and FIG. 10), the top portion (near numeral 62 in FIG. 11) located above the bottom portion when the collection bin (30) is in an upright and vertical orientation, an opening (10) adjacent the bottom portion (near numeral 162 in FIG. 11) of the collection bin (30) such that the collection bin (30) is positioned between the suction motor assembly (23) and the opening (10),
and a lid (13) moveable relative to the collection bin (30) to selectively cover the opening (10) in a closed position and uncover the opening (10) in an open position to empty contents of the collection bin (30) through the opening (10) while the collection bin (30) remains attached to the housing (11),
and a battery receptacle (35) located either (a) above at least a portion of the collection bin such that the suction motor assembly is located between the battery receptacle and the collection bin or (b) below at least a portion of the collection bin (30) such that at least a portion of the collection bin is located between the suction motor (23) assembly and the battery receptacle (35).
Regarding claim 19, Tahara discloses a harness (60) configured to support the wearable vacuum cleaner on a user’s back, wherein the battery receptacle (35) is disposed nearer than the lid to the user’s back while the wearable vacuum cleaner (10) is being worn by the user (See paragraph [0052]).
Regarding claim 20, Tahara discloses the collection bin includes a bagless dirt cup (See paragraph [0053], uses centrifugal force to separate dust) and/or a cyclonic separator.
Conclusion
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D. JENNINGS whose telephone number is (571)270-1536. The examiner can normally be reached M-F 8-4:30pm. EST.
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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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MICHAEL DEANGILO. JENNINGS
Examiner
Art Unit 3723
/MICHAEL D JENNINGS/Primary Examiner, Art Unit 3723
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