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: “portable work apparatus” in Claims 1-10, “air guide element” in Claims 1-3 and 7.
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 1-3 and 5-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Armstrong et al. US 2013/0017079 (hereafter Armstrong et al.).
Regarding Claim 1, Armstrong et al. anticipates:
1. A portable work apparatus (debris blowing and/or vacuum appliance 10) being a vacuum, a blower, or a vacuum-blower combination, comprising: a housing (housing around motor 204 shown in Figure 3); a drive motor (motor 204) arranged in the housing; and a fan (volute assembly 100) with a spiral housing (grille 112 and first and second clamshell portions 102, 104) and a fan wheel (impeller 200) arranged in the spiral housing, wherein the fan wheel can be driven by the drive motor (motor 204) to rotate about an axis of rotation (axis X-X) to generate an air flow, wherein the spiral housing (grille 112 and first and second clamshell portions 102, 104) has a housing section (central hub 106) which forms a first intake opening (air inlet 110) of the fan (volute assembly 100), wherein the fan wheel (impeller 200) has a first wall section (diffuser 216) which forms a second intake opening (labeled in attached Figure 3 below) of the fan wheel (impeller 200), wherein a gap seal (labeled in attached Figure 3 below) is formed between the housing section (central hub 106) of the spiral housing (grille 112 and first and second clamshell portions 102, 104) and the first wall section (diffuser rib 216) of the fan wheel (impeller 200), and wherein at least one air guide element (labeled in attached Figure 3 below) for generating a swirl zone (labeled in attached Figure 3 below) is formed in the gap seal (labeled in attached Figure 3 below).
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Regarding Claim 2, Armstrong et al. anticipates:
2. The portable work apparatus according to claim 1, wherein the at least one air guide element (labeled in attached Figure 3 above) is arranged on the housing section (central hub 106) of the spiral housing (grille 112 and first and second clamshell portions 102, 104).
Regarding Claim 3, Armstrong et al. anticipates:
3. The portable work apparatus according to claim 1, wherein the at least one air guide element (labeled in attached Figure 3 above) is formed as a rib (shown as a rib in attached Figure 3 above) with a longitudinal plane (parallel to axis X-X).
Regarding Claim 5, Armstrong et al. anticipates:
5. The portable work apparatus according to claim 1, wherein the housing section (central hub 106) of the spiral housing (grille 112 and first and second clamshell portions 102, 104) has a bulge (labeled in attached Figure 3 above) which delimits the first intake opening (air inlet 110)(shown in attached Figure 3 above).
Regarding Claim 6, Armstrong et al. anticipates:
6. The portable work apparatus according to claim 5, wherein the bulge (labeled in attached Figure 3 above) of the spiral housing (grille 112 and first and second clamshell portions 102, 104) overlaps (shown in Figure 3) the fan wheel (impeller 200) in an area of the second intake opening (labeled in attached Figure 3 below) radially to the axis of rotation (axis X-X).
Regarding Claim 7, Armstrong et al. anticipates:
7. The portable work apparatus according to claim 5, wherein the at least one air guide element (labeled in attached Figure 3 above) is formed as a rib (shown as a rib in attached Figure 3 above) with a longitudinal plane in the bulge (labeled in attached Figure 3 above).
Regarding Claim 8, Armstrong et al. anticipates:
8. The portable work apparatus according to claim 3, wherein the rib (shown as a rib in attached Figure 3 above) is arranged on an inner side (shown inside volute in attached Figure 3 above) of the housing section (central hub 106) of the spiral housing (grille 112 and first and second clamshell portions 102, 104).
Regarding Claim 9, Armstrong et al. anticipates:
9. The portable work apparatus according to claim 8, wherein the rib (shown as a rib in attached Figure 3 above) extends from the inner side (shown inside volute in attached Figure 3 above) of the housing section (central hub 106) to an outer side (18) of the housing section (central hub 106) of the spiral housing (grille 112 and first and second clamshell portions 102, 104).
Regarding Claim 10, Armstrong et al. anticipates:
10. The portable work apparatus according to claim 3, wherein a plurality of ribs (ribs forming the open area of the grille 112 shown in Figure 3 and also shown in Figure 8) are formed on the spiral housing (grille 112 and first and second clamshell portions 102, 104), adjacent ribs being arranged at uniform angular distances from one another with respect to the axis of rotation (axis X-X) of the fan wheel (impeller 200)(shown in Figures 3 and 8).
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim but it would be allowable if rewritten to overcome the rejection(s) set forth in this Office action and to include 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 can be found in form PTO-892 Notice of References Cited. Specifically, the prior art references include pertinent disclosures of blowers.
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
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