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 Objections
The examiner notes that claim(s) 10 is/are not grouped together with claim(s) 4 as required by MPEP 608.01(m), which recites “All dependent claims should be grouped together with the claim or claims to which they refer to the extent practicable”. The claim(s) should not be renumbered, the examiner will renumber the claim(s) should the application be allowed.
In claim 1, consider --a second cleaning device being in contact with the pane surface while performing [[a]] the cleaning operation--
In claim 3, consider --wherein the driving device causes the first cleaning device to undergo a first reciprocating motion in a first direction and causes the second cleaning device to undergo a second reciprocating motion in a second direction opposite to the first direction.--
In claim 5, consider --the first cleaning device comprises a first suction cup wall portion enclosing the first subsidiary space, with the first suction cup wall portion configured to be inserted into the first penetrating hole and undergo a first reciprocating motion within the first penetrating hole, and the second cleaning device comprises a second suction cup wall portion enclosing the second subsidiary space, with the second suction cup wall portion configured to be inserted into the second penetrating hole and undergo a second reciprocating motion within the second penetrating hole.--
In claim 11, consider --wherein the first subsidiary space and the second subsidiary space, which are in communication with the primary suction space, undergo a reciprocating motion in response to reciprocation of the first cleaning device and the second cleaning device and wherein a state of the primary suction space being an airtight space is maintained, dispensing with any static cleaning device not moving relative to the body while being in contact with the pane surface being cleaned during the cleaning operation --
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
air extracting module in claim 1, corresponding to air extracting module 13 (pump);
walking module in claims 1 and 2, corresponding to walking module 12 (pulleys and rollers)
driving device in claims 1, 2, 8, corresponding to driving device 16 (motor with gears)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The terms “first cleaning device” and “second cleaning device” is not interpreted under section 112(f) because claim 1 recites sufficient structure (first/second subsidiary space).
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.
Claim(s) 1-5,8-9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20130064862 A) in view of Shi (CN 104905728 A) and KR-055 (KR 200213055 Y1)
With respect to claim 1, Kim discloses: A window cleaning machine, adapted to walk across a non-horizontal pane surface ([0001-0002] provides for cleaning windows on walls [non horizontal], unnumbered paragraph between [0008] and [0022] provides that the robot can move [walk]), the window cleaning machine comprising:
a body defining a primary suction space (body 1, fig. 1, [0025] defines a primary suction space by including/containing a guide tube 220, fig. 1, within, [0029-0031], the guide tube has space to convey the vacuum) ;
an air extracting module disposed on the body and being in communication with the primary suction space (air extracting module being vacuum generating motor 210, fig. 1, [0030] that generates a vacuum/extracts air, thus 112(f) equivalent);
a first device being in contact with the pane surface while performing a cleaning operation (first device 100 with a sealing ring 130, fig. 7, [0080-0082] as part of attachment portion 100, fig. 8, sealing ring 130 is in contact with the surface being cleaned as in [0073], this would be the left side of the two instances of 100 in fig. 8, as in [0092]);
a second device being in contact with the pane surface while performing a cleaning operation (second device 100 with a sealing ring 130, fig. 7, [0080-0082]; sealing ring 130 is in contact with the surface being cleaned as in [0073], this would be the right side of the two instances of 100 in fig. 8, as in [0092]);
a walking module disposed near the body (walking module 112(f) equivalent to moving part 20, fig. 2, including a wheel 21, fig. 2, [0042], the term near, is a term interpreted consistent with the instant figures which provide for sufficient definition of the term of degree); and
a driving device connected to the first device and the second device to cause the first device and the second device to undergo motion (driving device as a motor 310, with a transmission 312, to move shafts 320, shown in fig. 2, [0035-0038])
wherein the first device defines a first subsidiary space, allowing the first subsidiary space to come into communication with the primary suction space and the primary suction space to form an airtight space when the first device comes into contact with the pane surface (the first device 100, has a hollow space within as shown at 140, fig. 3; [0071], which is connected to the primary suction space of the guide tube 220; the sealing ring 130 forms an airtight space as in [0072-0073], and [0064] provides for a seal to the guide tube 220)
wherein the second device defines a second subsidiary space, allowing the second subsidiary space to come into communication with the primary suction space and the primary suction space to form an airtight space when the second device comes into contact with the pane surface (the second device 100, similar to the first device, has a hollow space within as shown at 140, fig. 3; [0071], which is connected to the primary suction space of the guide tube 220; the sealing ring 130 forms an airtight space as in [0072-0073], and [0064] provides for a seal to the guide tube 220)
wherein the walking module is disposed outside the first subsidiary space and the second subsidiary space (see placement of walking module 20, fig. 3, relative to the first and second subsidiary spaces)
However, does not explicitly teach
a first cleaning device being in contact with the pane surface while performing a cleaning operation;
a second cleaning device being in contact with the pane surface while performing a cleaning operation;
a driving device connected to the first cleaning device and the second cleaning device to cause the first cleaning device and the second cleaning device to undergo a reciprocating motion so as to wipe the pane surface back and forth,
wherein the first cleaning device defines a first subsidiary space, allowing the first subsidiary space to come into communication with the primary suction space and the primary suction space to form an airtight space when the first cleaning device comes into contact with the pane surface,
wherein the second cleaning device defines a second subsidiary space, allowing the second subsidiary space to come into communication with the primary suction space and the primary suction space to form an airtight space when the second cleaning device comes into contact with the pane surface,
As for the first and second devices being cleaning devices, Kim provides that the first and second devices rotate and provide a vacuum seal to the surface being cleaned ([0063, 0072-0073]). Shi, in the same field of endeavor, related to [window] cleaning, teaches of providing rotating first and second cleaning devices (window cleaning turntables 1, fig. 1, mounted on suction cups 4, fig. 2, [0035], also similarly connected to a pump 5 [analogous air extracting module], fig. 2 to form a vacuum cavity 3, fig. 2 [analogous to primary suction space]). Shi provides that on the cleaning turntable, there is a cloth that forms an absorption effect [0038,0041]). Shi teaches that this arrangement, which adjustment of suction power allows for reliable adsorption, smooth walking, and effective cleaning ([0041]), and that the overall arrangement also reduces the dead zone of cleaning ([0059]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Kim, so that the first and second devices have a cloth on the bottom, to form first and second cleaning devices, as taught by Shi, for reliable absorption, smooth walking, effective cleaning, and a reduction of the dead zone of cleaning. The arrangement would have resulted in a driving device connected to the first cleaning device and the second cleaning device to cause the first cleaning device and the second cleaning device to undergo a motion, wherein the first/second cleaning device defines a first/second subsidiary space, allowing the first/second subsidiary space to come into communication with the primary suction space and the primary suction space to form an airtight space when the first/second cleaning device comes into contact with the pane surface, as modified Kim would have incorporated a cloth to result in the first and second devices being cleaning devices.
As for a driving device connected to the first cleaning device and the second cleaning device to cause the first cleaning device and the second cleaning device to undergo a reciprocating motion so as to wipe the pane surface back and forth, KR-055, in the same field of endeavor, related to cleaning, and mopping, provides for an arrangement with two plate mops (plates 2, 2’ in fig. 1, with mops 1, 1’ attached, page 2 lines 6-13, analogous to the first and second cleaning devices), with a driving motor (3, fig. 20, coupled to gearing 4, 4’ to rotate together as in page 2 lines 6-13; analogous to driving device), where the motor is configured to periodically reverse (page 2 lines 20-23 - “when the switch 20 is operated, the rotational direction of the driving motor 3 is periodically rotated in the forward and reverse directions by a normal timer and a power supply configuration converter.”, the periodic reversal forming a reciprocating movement to wipe the surface back and forth consistent with the instant disclosure). KR-055 teaches that this provides even cleaning (page 2 lines 24-25).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Kim, so that the driving device connected to the first cleaning device and the second cleaning device is configured to cause the first cleaning device and the second cleaning device to undergo a reciprocating motion so as to wipe the pane surface back and forth, as taught by KR-055, for the purpose of even cleaning.
With respect to claim 2, Kim, as modified teaches the limitations of claim 1 above, and further teaches wherein the walking module is disposed outside the first cleaning device and the second cleaning device, and the walking module is not in contact with the first cleaning device and the second cleaning device while the first cleaning device and the second cleaning device are undergoing a reciprocating motion (Kim, see position of walking module walking module 20, fig. 2, relative to the first and second devices 100, and also the underside in fig. 3, where the walking module is at a periphery of the apparatus, and not in direct contact with the first and second devices to interfere with any rotation or reciprocating motion thereof)
With respect to claim 3, Kim, as modified teaches the limitations of claim 1 above, and further teaches wherein the driving device causes the first cleaning device to undergo a reciprocating motion in a first direction and causes the second cleaning device to undergo a reciprocating motion in a second direction opposite to the first direction (Kim provides for a single motor that provides rotation through a gear arrangement, see motor 310, with a transmission 312, to move shafts 320, shown in fig. 2, [0035-0038], and that the first and second devices rotate in opposite directions, see rotation arrows in fig. 8, while KR-055 provides that the motor is periodically reversed see page 2 lines 20-23, therefore the result would be that the reciprocating motion of the first and second devices would be in opposite directions as the motor is reversed, causing the cleaning devices to rotate in opposite directions of each other,).
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Ann. fig. 4 (Kim)
With respect to claim 4, Kim, as modified teaches the limitations of claim 1 above, and further teaches wherein the body further comprises a carrying board such that the first cleaning device and the second cleaning device are configured to undergo a reciprocating motion relative to the carrying board (see ann. fig. 4 above, where the body comprises a carrying board circled, the first and second [cleaning] devices move [reciprocate] relative to the carrying board as shown in fig. 8 of Kim with the arrows, examiner notes that the current claim does not require the body to contain any other structure other than a carrying board, and that it defines a primary suction space - examiner also notes that instant carrying board is not shown as a perfectly flat structure).
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Ann. fig. 5 (Kim)
With respect to claim 5, Kim, as modified teaches the limitations of claim 4 above, and further teaches the carrying board defines a first penetrating hole and a second penetrating hole (Kim, the two penetrating holes as 16, fig. 4 and 18, fig. 5, [0075-0077], the two portions of the penetrating holes have different diameter, but otherwise penetrate the carrying board) the first cleaning device comprises a first suction cup wall portion enclosing the first subsidiary space, with the first suction cup wall portion configured to be inserted into the first penetrating hole and undergo a reciprocating motion within the first penetrating hole (see ann. fig. 5 which shows how suction cup wall portion is inserted into a recess of the penetrating hole, and the first and second [cleaning] devices move [reciprocate] relative to the carrying board as shown in fig. 8 of Kim with the arrows), and the second cleaning device comprises a second suction cup wall portion enclosing the second subsidiary space, with the second suction cup wall portion configured to be inserted into the second penetrating hole and undergo a reciprocating motion within the second penetrating hole (as with the first cleaning device, the second cleaning device is also the same, see ann. fig. 5 which shows how suction cup wall portion is inserted into a recess of the penetrating hole, and the first and second [cleaning] devices move [reciprocate] relative to the carrying board as shown in fig. 8 of Kim with the arrows).
With respect to claim 8, Kim, as modified teaches the limitations of claim 1 above, and further teaches wherein the first cleaning device comprises a first suction cup defining the first subsidiary space and connected to the driving device (Kim, 120, fig. 7 shows a “suction cup” consistent with the instant disclosure as evidenced by the upside down “cup” shape, of the first device 100, which is the left side instance of fig. 8) and a first cleaning fabric disposed at the first suction cup (Shi provides for a cloth [fabric] attached [0038,0041], which would be at the cleaning device/suction cup) and the second cleaning device comprises a second suction cup defining the second subsidiary space and connected to the driving device and a second cleaning fabric disposed at the second suction cup (as noted in the rejection of claim 1, Kim provides for a suction cup in the second [cleaning] device, which would otherwise be the same as the first one except for its placement).
With respect to claim 9, Kim, as modified teaches the limitations of claim 8 above, and further teaches wherein the first cleaning fabric and the second cleaning fabric expose or cover the first subsidiary space and the second subsidiary space respectively, and both the first cleaning fabric and the second cleaning fabric are made of a gas-permeable material (Shi provides for a cloth that covers the subsidiary space [facing the surface being cleaned] while allowing vacuum to pass through, [0038,0041], the cleaning cloth forms absorption action with the vacuum suction cup; the vacuum suction demonstrates that the fabric of a gas-permeable material, as for the first and second fabric, Kim provides for a first and second subsidiary spaces as part of respective the first and second [cleaning] device as in the rejection of claim 1 above ).
With respect to claim 11, Kim, as modified teaches the limitations of claim 1 above, and further teaches wherein the first subsidiary space and the second subsidiary space, which are in communication with the primary suction space, undergo a reciprocating motion in response to the reciprocating motion of the first cleaning device and the second cleaning device and maintain a state of the primary suction space being an airtight space (Kim, the first and second subsidiary spaces, as explained in the rejection of claim 1, has a hollow space within as shown at 140, fig. 3; [0071], which is connected to the primary suction space of the guide tube 220; the sealing ring 130 forms an airtight space as in [0072-0073], and [0064] provides for a seal to the guide tube 220 [the primary suction space], and rotate using driving device as the driving device rotates the first and second [cleaning] devices, and thus the subsidiary space within, and with the reciprocating motion taught by KR-055, the seal would still be maintained, as the direction of rotation would be reversed after a specified time to reciprocate), dispensing with any static cleaning device not moving relative to the body while being in contact with the pane surface being cleaned during a cleaning process (the arrangement of Kim, as modified, does not have a static cleaning device, as it moves by rotation and reciprocation during a cleaning process).
Allowable Subject Matter
Claims 6-7 and 10 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.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 6, the prior art does not anticipate or teach the limitations of claim 6, specifically the arrangement of resilient members between the first and second cleaning devices and the carrying board with respective though holes in which the first/second suction cup wall portions are disposed, in combination with the limitations of 1, 4, and 5 as a whole. For this aspect, Gao (CN 114869164 A) is representative of the prior art, providing an elastic seal (6, fig. 5; page 5 line 26-page 6 line 10, rubber/silicone elastic/resilient in page 6 lines 27-31). However, one skilled in the art would not have found reason to apply such a seal in the arrangement of claim 6, as the first and second cleaning devices reciprocate, and are otherwise of a different design driven by a driving device, unlike that of Gao. Claim 7 requires the limitations of claim 6, and is thus also allowable subject matter.
With respect to claim 10, the prior art does not anticipate or teach the limitations of claim 10, specifically providing for a bottom board disposed near an upper portion of the body (the term near, is a term interpreted consistent with the instant figures which provide for sufficient definition of the term of degree), and comprising a bottom board wall portion enclosing a first bottom board through hole, the carrying board is connected to the bottom board, the carrying board comprising a carrying board wall portion enclosing a carrying board through hole, wherein the bottom board wall portion and the carrying board wall portion are attached to each other, with the bottom board wall portion being movable relative to the carrying board wall portion, together with all the other limitations required by the claim. Chao (US 20220007903 A1) is representative of the state of the art, providing for a cleaner with multiple boards (20 and 30, fig. 1, with one of the boards 20 noted to be a suction disk, [0048]), however one skilled in the art would not have found that obvious in view of Kim, or other similar devices with rotating/ reciprocating cleaning devices and the examiner finds any possible combination to require substantial reconstruction that changes how the prior art operates).
Pending family applications 18/668,994 and 18/669,057 were evaluated for potential [provisional] non-statutory double patenting issues. The examiner finds that the instant app requires the limitation “wherein the walking module is disposed outside the first subsidiary space and the second subsidiary space” which is not found in the claims of the above referenced applications. Although Kim discloses that aspect, the teachings of Kim do not provide sufficient suggestion for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied that limitation to the claims of applications 18/668,994 and 18/669,057. Therefore, the examiner finds that, at the present time, non-statutory double patenting issues are not present in the instant application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Huang whose telephone number is (571)272-6750. The examiner can normally be reached Monday to Thursday 6:30 am to 2:30 pm, Friday 6:30 am to 11:00 am (Eastern Time).
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/Steven Huang/Examiner, Art Unit 3723
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