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 .
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 25 June 2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
On the IDS dated 25 June 2024, References 13 and 14 are struck through because they are duplicates of References 6 and 8 respectively.
Additionally, Foreign Reference 16 has been amended to correct the spelling of the Inventor’s Name.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 16 is objected to because of the following informalities:
In Claim 16, line 1 “The wand override for selective attachment” should likely read “The wand override tool for selective attachment”.
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.
Claim 17 is 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 17 recites the limitation “a wand trigger” in line 3. This limitation is unclear because it is unclear of this is the same wand trigger from Claim 16, line 3 or a different wand trigger. For purposes of examination, they will be interpreted as being the same.
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.
Claim(s) 9, 14-15 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trillion Plus (WO2008128288; provided by Applicant on the IDS dated 25 June 2024).
Regarding Claim 9, Trillion Plus discloses a wand override tool (Figures 1-2) adapted to1 couple with a hose of an extraction cleaner including a suction source (Figures 1-2). The tool comprising:
a housing (4 generally) defining a first end (the top end as seen in the orientation of Figure 2) and a second end (the front face seen in the orientation of Figure 2 with 22, 30 and 34), wherein the first end connects with the hose (via at least 20 and 28) and the second end connects with a wand (via 30 and 62 of wand 32);
a cleaning solution reservoir (12) carried by the housing (Figure 2);
a fluid delivery conduit (30) disposed at the second end selectively fluidly coupling the wand override tool and the wand (from 8 and 12 to 30 and wand 32), wherein when the wand is fully inserted within the housing of the wand override tool, a fluid flow path is formed between the wand override tool and the wand to selectively allow cleaning solution from the cleaning solution reservoir to be supplied via the fluid delivery conduit (page 6, lines 8-11).
Regarding Claim 14, Trillion Plus discloses wand override tool for selective attachment to an extraction cleaner including an extension hose and a suction source (Figures 1-2). The tool comprising:
a housing (4 generally) defining a first end (the top end as seen in the orientation of Figure 2) and a second end (the front face seen in the orientation of Figure 2 with 22, 30 and 34), wherein the first end connects with the extension hose (via at least 20 and 28) and the second end connects with a wand (via 30 and 62 of wand 32) having a suction inlet (24 in Figure 3; page 6, lines 11-18);
a cleaning solution reservoir (12) carried by the housing (Figure 2);
a hose frame (30) defining a suction conduit that extends through the wand override tool between the first end and the second end of the housing (to 28 and to 32 as seen in Figure 2), wherein the suction conduit forms a portion of a recovery pathway that is in fluid communication with the suction inlet of the wand and the extension hose (page 6, lines 11-18);
a fluid delivery conduit disposed at the second end fluidly coupling the wand override tool and the wand to dispense cleaning solution from the cleaning solution reservoir to the wand (via 48), wherein fluid from a surface to be cleaned can enter the suction inlet of the wand and enter the recovery pathway upon activation of the suction source of the extraction cleaner (to 10; Figure 2).
Regarding Claim 15, Trillion Plus discloses wherein the recovery pathway (page 6, lines 11-18) is in fluid communication with a recovery tank (10) assembly of the extraction cleaner (Figure 2).
Regarding Claim 19, Trillion Plus discloses a movable regulator (solenoid valve 48; page 6, lines 2-6) configured to vary a rate at which the cleaning solution may be dispensed from the cleaning solution reservoir (at least varied between no flow and full flow).
Regarding Claim 20, Trillion Plus discloses a venturi assembly (46; page 6, lines 2-6) fluidly coupled with the fluid delivery conduit between the wand override tool and the wand, wherein the venturi assembly is configured to mix the cleaning solution from the cleaning solution reservoir and fluid dispensed from the extraction cleaner (Figure 2; page 6, lines 2-6).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trillion Plus (WO2008128288; provided by Applicant on the IDS dated 25 June 2024) in view of Kasper et al (US 20020092117).
Regarding Claim 13, Trillion Plus discloses all essential elements of the current invention as discussed above but fails to expressly disclose a wand release button configured to selectively lock a detent of the wand.
Kasper et al teach a wand (18) with a wand release button (a resiliently mounted projection; ¶ 58); configured to selectively lock a detent of the wand (¶ 58).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wand of Trillion Plus with the wand release button as taught by Kasper et al for the advantage of combining prior art elements according to known methods (a release button on a wand) to yield predictable results (to retain the wand in a removeable fashion).
Allowable Subject Matter
Claims 1-8 are allowed.
Claims 10-12, 16 and 18 are 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.
Claim 17 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 1, the closest prior art appears to be Trillion Plus (WO2008128288; provided by Applicant on the IDS dated 25 June 2024).
Regarding Claim 1, Trillion Plus discloses wand override tool for selective attachment to an extraction cleaner including an extension hose and a suction source (Figures 1-2), comprising: a housing (4) defining a first end (the top as seen in the orientation of Figure 2) and a second end (at the face having 22, 30 and 34), wherein the first end connects with the extension hose ( via 28 and 42) and the second end connects with a wand (32); a cleaning solution reservoir (12) carried by the housing (Figure 2); a movable regulator (solenoid valve 48) configured to vary a rate at which cleaning solution may be dispensed from the cleaning solution reservoir (at least varied between no flow and full flow), but fails to expressly disclose a wand having a wand trigger wherein when the wand is fully inserted within the housing of the wand override tool the wand trigger is depressed, thereby creating a fluid flow path between the wand override tool and the wand to dispense the cleaning solution from the cleaning solution reservoir to the wand.
This limitation is neither anticipated by, nor rendered obvious over, the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE GARDNER whose telephone number is (571)270-0144. The examiner can normally be reached Monday - Friday 8AM-4PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, KENNETH RINEHART (571-272-4881) or CRAIG SCHNEIDER (571-272-3607) can be reached by telephone. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE GARDNER/
Examiner, Art Unit 3753
1 It has been held that the recitation that an element is "adapted to" perform a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138.
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