The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
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 use the word “means”, “step”, or a generic placeholder but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “dust collecting device” in Claims 21-29, and “joining device” in Claims 34, 35, and 40.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
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 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.
Claims 21 and 24-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiang WO 2016/165612 A1 (hereafter Xiang).
Regarding Claim 21, Xiang anticipates:
21. (New) A dust collecting device (vacuum cleaner, title) comprising:
an air inflow part (assembly comprising air inlet 2001 and air duct 209) that defines a suction flow path (fluid path through air inlet 2001 and air duct 209) configured to receive air (from vacuum attachment 10, Figure 1);
a dust separating part (separation device 101) comprising at least one cyclone (cyclone separation device) configured to separate dust from the air received through the air inflow part;
a bag support (dust bucket 202) configured to accommodate a dust bag (dust bag 211), the dust bag being configured to store the dust separated by the dust separating part (Figure 2);
a housing (assembly comprising cover 100 and lower body 200) that accommodates the bag support and the dust separating part therein (Figure 2);
a suction motor (vacuum motor 20) configured to cause a flow of the air through the suction flow path and the dust separating part (air flow shown in Figure 2); and
a connection part that defines (i) a connection flow path (air path through motor front filter 102 and first passage 204 as shown in Figure 2) configured to guide the air having passed through the dust separating part to the suction motor (shown in Figure 2) and (ii) a bypass flow path (vent 2021 and second channel 2041) that connects the bag support to the suction motor (shown in Figure 2).
Regarding Claim 24, Xiang anticipates:
24. (New) The dust collecting device of claim 21, wherein the housing (assembly comprising cover 100 and lower body 200) comprises:
a lower housing (lower body 200) coupled to the bag support (dust bucket 202) and connected to the bypass flow path (vent 2021 and second channel 2041)(shown in Figure 2); and
an upper housing (cover 100) that is connected to (through air inlet duct of the separation device 105) the air inflow part (assembly comprising air inlet 2001 and air duct 209) and accommodates the dust separating part (separation device 101), the upper housing being connected to (through filter air duct 103) the connection flow path (through motor front filter 102 and first passage 204 as shown in Figure 2).
Regarding Claim 25, Xiang anticipates:
25. (New) The dust collecting device of claim 21, wherein the connection flow path (air path through motor front filter 102 and first passage 204 as shown in Figure 2) and the bypass flow path (vent 2021 and second channel 2041) are fluidly connected to each other (shown in Figure 2).
Regarding Claim 26, Xiang anticipates:
26. (New) The dust collecting device of claim 21, wherein the dust bag (dust bag 211) is made of an impermeable material (Paragraph [0007] – “dust collecting bag is a dust collecting bag of a non-gas penetrating material”).
Regarding Claim 27, Xiang anticipates:
27. (New) The dust collecting device of claim 21, wherein the dust bag (dust bag 211) is configured to expand (due to negative pressure of the vacuum motor, Paragraph [0007]) in the bag support (dust bucket 202) based on operation of the suction motor (vacuum motor 20).
Regarding Claim 28, Xiang anticipates:
28. (New) The dust collecting device of claim 21, wherein the bag support (dust bucket 202) comprises a support part main body (cavity of dust bucket 202, Figure 2) configured to accommodate the dust bag (dust bag 211) therein (Figure 2),
wherein the housing (assembly comprising cover 100 and lower body 200) comprises a lower housing (lower body 200) coupled to the bag support and connected to the bypass flow path (vent 2021 and second channel 2041), and
wherein an outer peripheral surface of the support part main body is spaced apart from an inner peripheral surface of the lower housing (shown in Figure 2).
Regarding Claim 29, Xiang anticipates:
29. (New) The dust collecting device of claim 21, wherein the bag support (dust bucket 202) comprises a support part main body (cavity of dust bucket 202, Figure 2) configured to accommodate the dust bag (dust bag 211) therein (Figure 2),
wherein the housing (assembly comprising cover 100 and lower body 200) comprises a lower housing (lower body 200) coupled to the bag support and connected to the bypass flow path (vent 2021 and second channel 2041), and
wherein a lower surface of the support part main body is spaced apart from a lower surface of the lower housing (shown in Figure 2).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 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.
Claims 22, 23, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Xiang WO 2016/165612 A1 (hereafter Xiang) in view of common knowledge.
Regarding Claim 22, Xiang teaches:
22. (New) The dust collecting device of claim 21, wherein the bag support (dust bucket 202) comprises a support part main body (cavity of dust bucket 202, Figure 2) configured to accommodate the dust bag (dust bag 211) therein (Figure 2), and
wherein the support part main body defines a plurality of suction holes along an outer peripheral surface of the support part main body (see discussion below).
Xiang discloses substantially all the limitations of the claim(s) except for disclosing a plurality of suction holes along an outer peripheral surface of the dust bucket 202. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention that the vent 2021 and second channel 2041 of the Xiang device would create a significantly high suction pressure inside the dust bucket 202 if the inlet of the vacuum attachment 10 gets plugged, resulting from the vacuum motor only being able to draw from the dust bucket cavity as designed. Therefore, it would have been an obvious matter of design choice to one having ordinary skill before the effective filing date of the claimed invention to modify the Xiang device to add a plurality of small suction holes in the dust bucket 202 that will provide leakage paths into the dust bucket to limit the magnitude of suction pressure.
Regarding Claim 23, Xiang teaches:
23. (New) The dust collecting device of claim 21, wherein the bag support (dust bucket 202) comprises a support part main body (cavity of dust bucket 202, Figure 2) configured to accommodate the dust bag (dust bag 211) therein (Figure 2), and
wherein the support part main body defines a plurality of suction holes at a lower surface of the support part main body facing downward in a gravitational direction (see discussion below).
Xiang discloses substantially all the limitations of the claim(s) except for disclosing a plurality of suction holes at a lower surface of the dust bucket 202. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention that the vent 2021 and second channel 2041 of the Xiang device would create a significantly high suction pressure inside the dust bucket 202 if the inlet of the vacuum attachment 10 gets plugged, resulting from the vacuum motor only being able to draw from the dust bucket cavity as designed. Therefore, it would have been an obvious matter of design choice to one having ordinary skill before the effective filing date of the claimed invention to modify the Xiang device to add a plurality of small suction holes in the dust bucket 202 that will provide leakage paths into the dust bucket to limit the magnitude of suction pressure. Note: location and orientation of the holes would make no design difference.
Regarding Claim 30, Xiang teaches:
30. (New) A cleaner (vacuum cleaner, title) comprising:
a suction flow path (fluid path through air inlet 2001 and air duct 209) configured to receive air (from vacuum attachment 10, Figure 1);
a dust separating part (separation device 101) comprising at least one cyclone (cyclone separation device) configured to separate dust from the air received through the suction flow path;
a bag support (dust bucket 202) configured to accommodate a dust bag (dust bag 211), the dust bag being configured to store the dust separated by the dust separating part (Figure 2);
a housing (assembly comprising cover 100 and lower body 200) that accommodates the bag support and the dust separating part therein (Figure 2);
a suction motor (vacuum motor 20) configured to cause a flow of the air through the suction flow path and the dust separating part (air flow shown in Figure 2);
a battery (see discussion below) configured to supply power to the suction motor;
a handle (vacuum attachment 10) configured to be gripped by a user (Figure 1); and
a connection part that defines (i) a connection flow path (air path through motor front filter 102 and first passage 204 as shown in Figure 2) configured to guide the air having passed through the dust separating part to the suction motor (shown in Figure 2) and (ii) a bypass flow path (vent 2021 and second channel 2041) configured to guide the air having passed through a space between the bag support and the housing to the suction motor (shown in Figure 2).
Xiang discloses substantially all the limitations of the claim(s) except for disclosing how the device is powered. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to use a battery to power the vacuum cleaner because it is old and well known, as predicted by the prior art, to be a substitutable portable power source with the motivation to eliminate the need for an AC power cord.
Allowable Subject Matter
Regarding Claims 31-40, a search of the prior art does not teach or reasonably suggest the device as claimed in the context of the entire scope of the claims. Thus, for at least the foregoing reasons, the instant invention is neither anticipated nor rendered obvious by the prior art because the device is not taught nor suggested as set forth in the entire context of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in form PTO-892 Notice of References Cited. Specifically, the prior art references include pertinent disclosures of vacuum cleaners and vacuum cleaner docking stations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC CARLSON whose telephone number is (571)272-9963. The examiner can normally be reached Monday-Thursday 6:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN KELLER can be reached on (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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/MARC CARLSON/Primary Examiner, Art Unit 3723