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 .
Specification
The amendment filed 05/16/2024 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The amended statement of incorporation by reference to the international patent application no. PCT/GB2022/052803, and of the GB application No. 2116567.5 is ineffective as it was added after the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing of the associated PCT, in this case, 11/07/2022, see MPEP 1893.03(b). Therefore, the specification amendment of 05/16/2024 to include the incorporation by reference is new matter, per MPEP 608.01(p).
Applicant is required to cancel the new matter incorporation by reference statement in the reply to this Office Action.
Claim Objections
Claim 3 is objected to because of the following informalities:
Claim 3, ll. 1, consider amending to, --The dirt separator according to claim 2, wherein the one or—
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 11-16, and 18-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation “the actuator is connected to the cover, and wherein the user-actuation of the actuator”" in ll. 2-3 of the claim. There is insufficient antecedent basis for these limitations in the claim. An actuator and user-actuation is introduced in claim 6. Therefore, it is unclear to the Examiner whether claim 8 or claim 7, which claim 8 currently depends from, should be dependent on claim 6. As best understood from instant disclosure, the actuator is connected to the movable member and the cover and upon user-activation the movable member is moved to disengage dirt from the filters and move the cover from the closed to open position. Therefore, for examination purposes and as best understood, claim 7 is dependent on claim 6 and claim 8 remains dependent on claim 7:
Claim 7, ll. 1,--The dirt separator according to claim [[1]]6,--
The term “substantially” in claims 5, 11-12, and 13 is a relative term which renders the claims indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In claims 5, 11, and 13, the first and second filters are indefinite due to the term “substantially” and as best understood from figs. 2-3 and p. 15-16 in specification, the first and second filters are cylindrical. Further, in claim 12, the wiper blade surrounding the first filter is indefinite due to the presence of “substantially” and as best understood from figs. 2-3 and p. 17 in specification, the wiper blade of the movable member surrounds the first filter. For examination purposes, the claims are interpreted below:
Claim 5, ll. 2, --claim 1, wherein the second filter is
Claim 11, ll. 2, --claim 1, wherein the first filter is
Claim 12, ll. 2, --wherein the wiper blade surrounds
Claim 13, ll. 4-5, --the airflow by a filter comprised in the separation stage, the filter being
Claims 14-16 and 18-19 are rejected accordingly under 35 USC 112(b) since they are dependent on claim 13.
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 1-7, 9, 11, and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mano (JP2010046207), as provided in IDS filed on 05/16/2024 and translation provided by Examiner.
Regarding claim 1, Mano (JP2010046207), as provided in IDS and translation provided by Examiner, discloses a dirt separator (item 11; figs. 1-3) for separating dirt from an airflow in a vacuum cleaner (pp. [0019]; dirt separator 11 forms dust separation and collection unit of vacuum cleaner 1; figs. 1-2), the dirt separator comprising:
a primary separation stage (includes items 36, 37, 43, 50; pp. [0025]; figs. 2-3) having a first dirt collection chamber (item 43; figs. 2-3) for storing first dirt removed from the airflow by a first filter (item 37; figs. 3-4) comprised in the primary separation stage (pp. [0031]; first filter 37 collects coarse dust via screen 51; fig. 3);
a secondary separation stage (includes items 38, 44; figs. 2-3) downstream of the primary separation stage (pp. [0038]; filter 38 within secondary separation stage is a secondary filter to separate fine dust from the air that passed through the first filter 51) and having a second dirt collection chamber (item 44; fig. 3) for storing second dirt removed from the airflow by a second filter (item 38; pp. [0024]; figs. 3-4) comprised in the second separation stage (pp. [0025]; second collection chamber 44 is within second separation stage to collect fine dust that passes through first filter 37 and blocked by second filter 38); and
a movable member (includes items 52, 53, 72; pp. [0042]; figs. 3-4) that is movable relative to the first and second filters to disengage the first dirt and the second dirt from the first and second filters (pp. [0042]; when user actuates handle 82, items 52, 53, 72 move relative to both first filter 37 and second filter 38 about rotation shaft 77 to clean upper and lower surfaces of each filter), respectively.
Regarding claim 2, Mano discloses the dirt separator as claimed in claim 1, wherein the movable member is arranged to impact one or more sections (defined as pleats 81 of second filter 38 facing the blower 28; figs. 2-4) of the second filter upon movement of the movable member relative to the second filter (pp. [0041]; portion 72 of movable member impacts upper pleats of second filter 38 to flick away dust; figs. 3-4).
Regarding claim 3, Mano discloses the dirt separator as claimed in claim 2, wherein the one or more sections of the second filter comprise a plurality of pleats (items 81 of second filter 38; pp. [0040-0041]; figs. 3-4) extending in a first direction (defined as vertical direction in view of figs. 2-3, i.e. direction in which each individual pleat 81 extends), and wherein the movable member is movable in a direction non-parallel to the first direction (pp. [0042]; movable member rotates about shaft 77 and glides along upper and lower surface of pleated surface 81, thereby non-parallel to vertical direction, i.e. first direction).
Regarding claim 4, Mano discloses the dirt separator as claimed in claim 2, wherein the movable member comprises a main body (item 79; pp. [0039-0040]; figs. 3-4) and one protrusion (item 80; pp. [0041]; figs. 3-4) protruding from the main body (fig. 3) and arranged to impact the one or more sections of the second filter upon movement of the movable member relative to the second filter (pp. [0039] and [0041]; protrusion 80 extends from main body 79 to contact with one or more sections, i.e. pleats 81, of second filter 38 to flick away the fine dust).
Regarding claim 5, as best understood, Mano discloses the dirt separator as claimed in claim 1, wherein the second filter is cylindrical (fig. 4; second filter 38 is circular cross-section with downwardly extending walls into case 36; figs. 2-4), and wherein the movable member is movable relative to the second filter in a direction (direction defines as rotational direction about shaft 77; pp. [0042]; figs. 3-4) with at least a component that is parallel to a longitudinal axis (longitudinal axis defined as diameter of second filter 38; wherein at least a portion of movable member 79, 80 partially moves along x-component when rotating, which is parallel to longitudinal axis) of the second filter.
Regarding claim 6, Mano discloses the dirt separator as claimed in claim 1, comprising a user-actuated actuator (item 82; pp. [0039] and [0042]; figs. 3-4) connected to the movable member (fig. 3), wherein user-actuation of the actuator causes the movable member to move relative to the first and second filters to disengage the first dirt and the second dirt from the first and second filters (pp. [0042]; when user operates actuator 82, the movable member 52, 53, 72 rotate relative to first and second filters to remove coarse and fine dust from the respective filters), respectively.
Regarding claim 7, Mano discloses the dirt separator as claimed in claim 1, comprising a cover (item 12; fig. 2) movable between a closed position (defined as position in view of figs. 1-2 in which flange 16 of cover 12 extends over dirt separator 11; pp. [0012]; fig. 2) in which the cover seals open ends of the first and second dirt collection chambers (pp. [0020]; when cover 12 extends over dirt separator, open ends, i.e. upper ends of first filter 37 and second filter 38, are covered and sealed via flange 16), respectively, and an open position (defined as position in view of figs. 3-4 in which cover 12 is released from dirt separator 11) in which the first and second dirt is dischargeable from the open ends of the first and second dirt collection chambers (pp. [0058] and [0063]; when cover 12 is released from dirt separator 11, upper ends of first and second collection chambers are capable of being opened to dispose of the dust collected within), respectively.
Regarding claim 9, Mano discloses the dirt separator as claimed in claim 1, wherein the first filter comprises a first surface (item 66; fig. 3) upon which the first dirt accumulates upon filtration of the airflow by the first filter (pp. [0032]; figs. 3-4), and wherein the movable member is movable relative to the first filter to wipe the first surface to disengage the first dirt from the first filter (pp. [0032] and [0045]; portion 52 of movable member moves, i.e. rotates, relative to first filter 51 to press against first surface 66 and clean off coarse dust, i.e. first dirt).
Regarding claim 11, as best understood, Mano discloses the dirt separator as claimed in claim 1, wherein the first filter is cylindrical (pp. [0025]; first filter 37 is cylindrical), and wherein the movable member is movable relative to the first filter in a direction (direction defined as rotational direction about shaft 77; pp. [0042]; figs. 3-4) with at least a component that is parallel to a longitudinal axis (longitudinal axis defined as diameter of first filter 37; at least a portion of items 52, 53 partially moves along x-component when rotating, which is parallel to longitudinal axis) of the first filter.
Regarding claim 20, Mano discloses the dirt separator as claimed in claim 1, wherein the second dirt collection chamber is separated from the first dirt collection chamber by a wall (item 42; figs. 3-4).
Regarding claim 21, Mano discloses a vacuum cleaner (item 1; figs. 1-2) comprising the dirt separator as claimed in claim 1 (pp. [0007-0009]; figs. 1-2).
Claims 13-14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tang (CN 113440044), as provided by Examiner.
Regarding claim 13, as best understood, Tang (CN113440044), as provided by the Examiner, discloses a dirt separator (item 20; pp. [n0074]; figs. 1-5) for separating dirt from an airflow in a vacuum cleaner (pp. [n0079] in NPL), the dirt separator comprising:
a separation stage (item 21; fig. 3a) having a dirt collection chamber (defined as chamber within walls of item 21 which can be discharged when a cover 22 is opened, pp. [n0097]; figs. 3a and 5) for storing dirt removed from the airflow by a filter (item 23; pp. [n0077]; figs. 3-4a) comprised in the separation stage (pp. [n0077]; figs. 4a and 5), the filter being cylindrical (pp. [n0080]; filter 23 is cylindrical);
a cover (item 22; figs. 3a and 4a) movable between a closed position (defined as position in view of figs. 3a and 4a) in which the cover seals an open end (item P; pp. [n0097]; fig. 5) of the dirt collection chamber (pp. [n0098]; figs. 3a and 4a), and an open position (defined as position in view of fig. 5) in which the dirt is dischargeable from the open end of the dirt collection chamber (pp. [n0097]);
a movable member (item 24; fig. 2) that is movable relative to the filter in a direction (defined as vertical direction in view of figs. 3a, 4a, and 5) with at least a component that is parallel (direction includes y-component parallel to longitudinal axis of filter 23; pp. [n0110-n0111]; figs. 2 and 4a) to a longitudinal axis of the filter (longitudinal axis of filter 23 extends in vertical direction in view of figs. 3a, 4a, and 5) to disengage the dirt from the filter (pp. [n0081] and [n0109]; component moves along longitudinal axis to engage filter 23 via portion 241 to disengage dirt from filter); and
a user-actuatable actuator (item 246; figs.1-3a and 5) connected to the movable member and the cover (pp. [n0117]; by operating the actuator 246 the movable member may slide and open the cover 22),
wherein the actuator is configured so that user-actuation of the actuator causes the movable member to move relative to the filter to disengage the dirt from the filter (pp. [n0108-0110]; actuator 246 is pushed via user to move movable member 24 in an up-down direction in view of figs. 3a-4a and 5 in order to disengage, i.e. scrap, dirt from filter 23), and the cover to move from the closed position to the open position (pp. [n0100-0101]; when actuator 246 is pushed far enough for surface C1 to engage surface C2 of cover, the cover is pushed opened; figs. 46 and 5), to allow the dirt to be discharged from the dirt collection chamber (pp. [n0117]; fig. 5).
Regarding claim 14, Tang discloses the dirt separator as claimed in claim 13, wherein the movable member is arranged to impact one or more sections of the filter upon movement of the movable member relative to the filter (pp [n0081]; movable member 24 comprises a dust scraping ring that matches the cross-sectional size of the filter 23, thereby repeatedly scraping off dust and debris form the outer peripheral sidewall of the filter 23; fig. 2).
Regarding claim 16, Tang discloses the dirt separator as claimed in claim 14, wherein the movable member comprises a main body (includes items 243, 244, 2441, 2442, 245; fig. 2) and one or more protrusions protruding from the main body (item 241; pp. [n0109]; fig. 2) and arranged to impact the one or more sections of the filter upon movement of the movable member relative to the filter (pp. [n0081]; protrusion 241 matches the cross-sectional size of the filter 23, thereby repeatedly scraping off dust and debris form the outer peripheral sidewall of the filter 23 when encompassing the filter; fig. 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, 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 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Mano (JP2010046207), as applied to claim 1 above, and further in view of McCormick (US Patent No. 7,070,636).
Regarding claim 10, Mano discloses the dirt separator as claimed in claim 9. Though Mano discloses wherein the movable member comprises an arm and bristles arranged to contact the first surface during the movement of the movable member relative to the filter (pp. [0032] and [0034]; figs. 3-4), Mano does not disclose wherein the movable member comprises a wiper blade arranged to wipe the first surface during the movement of the movable member relative the first filter.
However, McCormick teaches a dirt separator (item 12; figs. 4-5) comprising a filter (item 100; fig. 4) and a movable member (item 200; figs. 3-4 and 6) configured to move relative to the filter to disengage dirt on the filter (abstract and col. 7, ll. 10-19), wherein the movable member may comprise a wiper blade (item 206; fig. 6), a tufted bristle (item 206’, fig. 7a), a bristle brush (item 206”, fig. 7b), a notched blade or a comb (item 206”’, fig. 7c) or any other structure capable of performing the cleaning function.
Therefore, since the bristle brush and the wiper blade are art recognized equivalents, as taught in McCormick, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the bristles, as disclosed in Mano, with a wiper blade, to achieve the predictable result of disengaging the dirt from the filter.
Regarding claim 12, as best understood, Mano as modified discloses the dirt separator as claimed in claim 10, wherein the wiper blade surrounds the first filter (wiper blade, corresponding to positions of bristles 66, 67 in Mano, surrounds upper and lower sides of first filter; fig. 3).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Tang (CN 113440044) as applied to claim 13 above, and further in view of Davidshofer (US 2014/0101889).
Regarding claim 15, Tang discloses the dirt separator as claimed in claim 14, but does not explicitly disclose wherein the one or more sections of the filter comprises a plurality of pleats extending in a first direction, and wherein the movable member is movable in a direction non-parallel to the first direction.
However, Davidshofer teaches a dirt separator (item 300; fig. 4) comprising a cyclonic filter (pp. [0036]; fig. 4) and shroud (item 404; fig. 4), analogous to the cyclonic filter and cylindrical shroud in Tang, wherein the filter may comprise a cylindrical pleated filter (pp. [0037]; not explicitly shown) comprising a plurality of pleats (defined as pleated cylindrical surface, not explicitly shown) extending in a first direction (defined as direction extending into center of cylinder, i.e. direction along pleats), and wherein the movable member is movable in a direction non-parallel to the first direction (movable member, corresponding to movable member in Tang, moves along longitudinal axis of cylindrical filter and therefore, non-parallel to first direction).
Therefore, since the filters used in cyclones may comprise any of various types and shapes, such as pleated, foam, ultra-fine, HEPA, and so on (pp. [0012] in Davidshofer) and therefore, are art recognized equivalents, as taught in Davidshofer, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the cylindrical mesh filter, as disclosed in Tang, with the cylindrical pleated filter, to achieve the predictable result of filtering the airflow and enhancing dirt separation.
Allowable Subject Matter
Claim 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
Regarding claim 8, as best understood, Mano discloses the dirt separator as claimed in claim 7, but does not teach, suggest, or make obvious wherein the actuator is also connected to cover, and wherein user-actuation of the actuator causes the cover to move from the closed position to the open position, to allow the first and second dirt to be discharged from the first and second dirt collection chambers, as required by the claim, in combination with all additional elements of the claim.
Claims 18-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
Regarding claim 18, the art of record, Tang, discloses the dirt separator as claimed in claim 13. Dirt separators with first and second separation stages and filters are known in the art – such as, Lee (US Patent No. 11,672,394) disclosing a dirt separator (defined as dust separation part with main body 2; col. 7, ll. 41-42) for separating dirt from an airflow in a vacuum cleaner (item 1; fig. 1), the dirt separator comprising a primary separation stage (item 110; fig. 4) having a first dirt collection chamber (item 112; fig. 4; col. 7, ll. 65-67) for storing first dirt removed from the airflow by a first filter (defined as cyclonic airflow within primary separation stage 110; col. 7, ll. 42-43) comprised in the primary separation stage, a secondary separation stage (includes items 130, 140; fig. 4) downstream of the primary separation stage (col. 8, ll. 6-11) and having a second dirt collection chamber (item 122; fig. 4) and a second filter (item 130; fig. 4).
Though it would be obvious to combine the references to enhance dirt separation from the suctioned airflow, the combination of references does not teach, suggest, or make obvious wherein the second collection chamber stores dirt removed from the second filter and wherein the movable member is movable relative to the first and second filters, upon user-actuation of the actuator, to disengage the first dirt and the second dirt from the first and second filters, respectively, as required by the claim, in combination with all additional elements of the claim.
Claim 19 is objected to since it is dependent on claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bian (CN 113520211), as provided by the Examiner, discloses a dirt separator comprising a separation stage with dirt collection chamber, a filter, a cover, a movable member, an actuator connected to the movable member and the cover, wherein the actuator is configured to move the movable member to disengage the dirt from the filter and the cover to move from a closed to an open position to allow dirt to be discharged.
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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