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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the requirement “wherein a width of the second flow path decreases toward a central axis that extends parallel to the first direction” of claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 5-8, 11-12, 17 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scholl (WO 2018/219666 A1).
With respect to claim 1, Scholl teaches a noise reduction device (Figures 1-6, #34) for use in a cleaner (10) comprising: a first flow path (defined by flow path along axis #76) having a first end (bottom end of #34) that communicates with an air outlet (32) of the cleaner (10), and a second end (top end of #34 having cap #110) that is open (note grid/openings in cap #110), the first flow path extending in a first direction (vertical direction); and a second flow path (defined by flow path within resonators #42 or #116, perpendicular to first flow path along axis #76, denoted by unlabeled arrows within resonators #42/116 in Figures 5 and 6) having a first end (opening end of resonators #42/116 connected to pipe #114, denoted as #96 in Figure 4) connected to the first flow path (defined by flow path along axis #76) between the first end (bottom end of #34) and the second end (top end of #34 having cap #110) of the first flow path, and a second end that is closed (defined closed outer end wall of resonators #42/116 opposite to end connected to pipe #114 denoted as #94 in Figure 4), the second flow path extending in a second direction (horizontal direction) intersecting the first direction (vertical direction), wherein the first flow path is disposed around the second flow path in a plan view. Note that Merriam-Webster defines “around” as “on all or various sides : in every or any direction” (see https://www.merriam-webster.com/dictionary/around).
With respect to claim 2, Scholl teaches wherein the first flow path (defined by flow path along axis #76) has a ring shape (inherent to cylindrical pipe #114 delimiting first flow path) around a central axis (76) that extends parallel to the first direction.
With respect to claim 3, Scholl teaches wherein the second flow path (defined by flow path within resonator #42, perpendicular to first flow path along axis #76, denoted by unlabeled arrows within resonator #42 in Figure 5) has a ring shape around a central axis (48) that extends parallel to the first direction (clearly seen).
With respect to claim 5, Scholl teaches wherein the second flow path (defined by flow path within resonator #116, perpendicular to first flow path along axis #76, denoted by unlabeled arrows within resonator #116 in Figure 6) has a uniform width.
With respect to claim 6, Scholl teaches wherein a width of the first end (opening end of resonator #42 connected to pipe #114, denoted as #96 in Figure 4) of the second flow path is greater (note flared open side #96 in Figure 4) than a width of the second end (defined closed outer end wall of resonator #42 opposite to end connected to pipe #114 denoted as #94 in Figure 4) of the second flow path.
With respect to claim 7, Scholl teaches wherein the second flow path (defined by flow path within resonator #116, perpendicular to first flow path along axis #76, denoted by unlabeled arrows within resonator #116 in Figure 6) has a uniform thickness.
With respect to claim 8, Scholl teaches wherein a thickness of the first end (opening end of resonator #42 connected to pipe #114, denoted as #96 in Figure 4) of the second flow path is greater than a thickness of the second end (defined closed outer end wall of resonator #42 opposite to end connected to pipe #114 denoted as #94 in Figure 4) of the second flow path.
With respect to claim 11, Scholl teaches wherein the second flow path (defined by flow path within resonator #42, perpendicular to first flow path along axis #76, denoted by unlabeled arrows within resonator #42 in Figure 5) has a ring shape (note ring shape of resonator #42), and a length of the second flow path (length defined by open end #96 and closed end #94 in Figure 4) is less than a radius (radius extending from central axis #48 to closed end #94 of second flow path/ring shape) of the ring shape defined by the second flow path.
With respect to claim 12, Scholl teaches wherein a width of the first flow path (defined by flow path along axis #76) is greater than a thickness of the second flow path (defined by flow path within resonators #42 or #116, perpendicular to first flow path along axis #76, denoted by unlabeled arrows within resonators #42/116 in Figures 5 and 6).
With respect to claim 17, Scholl teaches further comprising a lower housing (see annotated view of Figure 4, provided below) that is configured to be coupled to the cleaner (10) and that defines a portion of the first flow path (defined by flow path along axis #76) and the second flow path (defined by flow path within resonator #42, perpendicular to first flow path along axis #48/76, denoted by unlabeled arrows within resonator #42 in Figure 5).
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With respect to claim 21, Scholl teaches further comprising an upper housing (see annotated view of Figure 4, provided above – note upper housing includes) that is coupled to the lower housing and that defines another portion of the first flow path (defined by flow path within resonator #42, perpendicular to first flow path along axis #48/76, denoted by unlabeled arrows within resonator #42 in Figure 5).
With respect to claim 22, Scholl teaches wherein the upper housing comprises: an upper lateral wall (defined by lateral outer wall of pipe #46) defining sides of an upper space (defined by space within pipe #46); an upper top wall (110) that is connected to one end of the upper lateral wall and that is positioned over the upper space; and a plurality of upper holes (note grid/openings in cap #110) that are provided in the upper top wall (110) and communicate with the first flow path (defined by flow path within resonator #42, perpendicular to first flow path along axis #48/76, denoted by unlabeled arrows within resonator #42 in Figure 5).
Claim Rejections - 35 USC § 103
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 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 9-10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Scholl (WO 2018/219666 A1).
With respect to claims 9-10 and 13, Scholl teaches the noise reduction device of claim 1.
Scholl fails to explicitly teach wherein a width of the second flow path decreases toward a central axis that extends parallel to the first direction; wherein a length of the first flow path is less than a length of the second flow path; or wherein a length of the first flow path is less than a length of the second flow path and is greater than a thickness of the second flow path.
It would have been an obvious design choice to provide wherein a width of the second flow path decreases toward a central axis that extends parallel to the first direction; wherein a length of the first flow path is less than a length of the second flow path; or wherein a length of the first flow path is less than a length of the second flow path and is greater than a thickness of the second flow path, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). In this case, altering relative dimensions of components is well-known and obvious so as to acoustically tune the device, as each of the size alternations includes altering dimensions of the resonator #42/116, which would serve to tune the device.
Allowable Subject Matter
Claims 4 and 18-20 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent arts of record relating to Applicant’s disclosure are disclosed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571) 270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837
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