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 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) 1-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Rosenzweig (US 20090188997 A1) in view of Pang (US 20080155774 A1).
Regarding Claim 1, Rosenzweig discloses A vacuum cleaner conduit (10) defining an air flow passage and comprising:
- a first rigid conduit part (18) and a second rigid conduit part (12),
- an articulation device (24) connecting the first and second rigid conduit parts (18, 12) together, the articulation device (24) including an articulation axis (into the page at 132 in Fig. 7 and 8) and being configured to allow a pivoting of the first rigid conduit part (18) relative to the second rigid conduit part (12) about the articulation axis and between an unfolded configuration in which the first and second rigid conduit parts are substantially aligned with each other (See Fig. 7 showing an unfolded configuration), and a folded configuration in which the first and second rigid conduit parts (18, 12) define between them an angle less than 180° (See Fig. 8 outline showing a folded configuration),
- a locking member (96) configured to lock the first and second rigid conduit parts (18, 12) in the unfolded configuration (See Para [0021] “In some embodiments, the wand further comprises a lock releasably securing the upstream and the downstream rigid tubes in the first position. Preferably, the lock release actuator is positioned remote to the lock.”), the locking member (96) being pivotally mounted on one of the first and second rigid conduit parts (18, 12) about a pivot axis (into the page at 150 in Fig. 8) which is substantially parallel to the articulation axis (into the page at 138 in Fig. 8) and being configured to pivot between a locking position in which the locking member (96) is configured to cooperate with the other of the first and second rigid conduit parts (18 and 12) so as to lock the first and second rigid conduit parts (12 and 18) in the unfolded configuration, and a release position in which the locking member (96) is configured to release the other of the first and second rigid conduit parts (12 and 18) so as to allow a pivoting of the first and second rigid conduit parts (12 and 18) in the folded configuration, and
- an actuating member (148, 144 and 28) secured in movement to the locking member (96) and including an actuating part (28) configured to be manually actuated by a user (28, is actuated by the user to cause 148 to move via 144 and 116, see Para [0051] - [0055] discussing this arrangement), the locking member (96) and the actuating part (28) being substantially diametrically opposed to the articulation device (132) with respect to a central longitudinal axis (See Fig. 7) of the vacuum cleaner conduit (10) when the first and second rigid conduit parts (18, 12) are in the unfolded configuration, the actuating member (148) being pivotally mounted about the pivot axis between a rest position and an unlocking position (See Para [0055] “Hook 138 is removably received in recess 142 of first connector 44. Arm 144 has a first end 146 secured to linkage 116 and a second end 148 that is pivotably mounted to locking member 96 by pivot pin 150.”), the vacuum cleaner conduit (10) being configured such that a displacement of the actuating member (148) from the rest position to the unlocking position causes a displacement of the locking member (96) from the locking position to the release position (See Para [0055] “Actuator 28 comprises a trigger-like member which has an opening 134 for receiving a finger of a user. Locking member 96 is pivotably mounted about pivot pin 136 and has a hook 138 provided at distal end 140 of locking member 96.”), wherein the vacuum cleaner conduit (10) includes a covering member, the covering member (42) including a main covering wall (the inner wall of 42 in Fig. 8).
But does not explicitly disclose wherein the covering member is configured to cover at least a distal end portion of the locking member
The main covering wall configured such that, when the first and second rigid conduit parts are in the unfolded configuration, the distal end portion of the locking member is disposed between the main covering wall and the other of the first and second rigid conduit parts.
Pang discloses a similar articulation device for a cleaner including a cover (20) configured to cover at least a distal end portion of the locking member (See Fig. 4 showing cover 20 covering the distal end of the locking feature 29), the cover comprising a covering wall (20) the covering wall configured such that, when the first and second rigid conduit parts are in the unfolded configuration (See Fig, 4), the distal end portion of the locking member is disposed between the main covering wall and the other of the first and second rigid conduit parts (See Fig. 4 showing locking member 29 between 20 and 24).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the cover to cover of Rosenzweig to additionally cover the locking member such that the cover and covering wall are configured such that, when the first and second rigid conduit parts (18, 12) are in the unfolded configuration, the distal end portion (138) of the locking member (96) is disposed between the main covering wall (42) and the other of the first and second rigid conduit parts (18, 12). as advantageously suggested by Pang in Para [0030] and as doing so would prevent accidental unlocking of the locking mechanism.
Regarding Claim 2, Rosenzweig discloses all the limitations of claim 1 and in addition discloses wherein, when the first and second rigid conduit parts (18, 12) are in the unfolded configuration (Fig. 7), a radial distance between an internal surface of the main covering wall (42 in Fig. 8 as modified in claim 1 above) and an outer surface of the other of the first and second rigid conduit parts (18, 12) is sufficient to allow a deflection of the distal end portion of the locking member (96) when the locking member (96) is moved from the locking position to the release position (See Para [0055] “Actuator 28 comprises a trigger-like member which has an opening 134 for receiving a finger of a user. Locking member 96 is pivotably mounted about pivot pin 136 and has a hook 138 provided at distal end 140 of locking member 96.” And as modified in claim 1, See Fig. 3 of Pang showing the locking member covered by the cover in the unfolded configuration).
Regarding Claim 3, Rosenzweig discloses all the limitations of claim 1 and in addition discloses Wherein the actuating part (28) includes a bearing surface (134) configured to receive a bearing force so as to move the actuating member into the unlocking position (See Para [0055] “Actuator 28 comprises a trigger-like member which has an opening 134 for receiving a finger of a user. Locking member 96 is pivotably mounted about pivot pin 136 and has a hook 138 provided at distal end 140 of locking member 96. Hook 138 is removably received in recess 142 of first connector 44. Arm 144 has a first end 146 secured to linkage 116 and a second end 148 that is pivotably mounted to locking member 96 by pivot pin 150. A channel 152 is provided in tube 18 in which a portion of linkage 116 is seated so as to permit longitudinal movement in the direction of arrow A of FIG. 5. In operation, a user may use actuator 28 to move linkage 116 longitudinally along tube 18 in the direction of arrow B shown in FIG. 8.”), the bearing surface is located set back from or is substantially flush with an outer surface of the main covering wall when the actuating member occupies the rest position (See Fig. 6 showing the bearing surface and actuating part positioned back from the covering and flush with conduit wall).
Regarding Claim 4, Rosenzweig discloses all the limitations of claim 1 and in addition discloses wherein the covering member (42 of Fig. 8) is configured to laterally cover the locking member (See Fig. 7, covering member 42 a portion of the locking member 96, See Fig. 7 and 8, including the pivot points 136 and 150, additionally see Fig. 4 of Pang).
Regarding Claim 5, Rosenzweig discloses all the limitations of claim 1 and suggests but does not explicitly disclose wherein the actuating part (116 which is part of the actuator 28 See Para [0051] “Accordingly, a linkage 116 may be provided such that lock release actuator 28 may remotely actuate the lock. As exemplified, linkage 116 has lock release actuator 28 provided at one end thereof and driving member 118 provided at an opposed end thereof. Actuator 28 and driving member 118 may be integrally formed as part of linkage 116 or may be separate elements.”), includes two outer lateral surface (See Annotated Fig. A, the first outer lateral surface is highlighted, while the second is on the opposite side of 18 of Fig. 8) which are substantially flush respectively with two outer lateral surfaces of the covering member (See Fig. 8, both sides of 42 are outer lateral sides, Additionally, Examiner notes that firstly, Applicants disclosure states “In this document, the terms "substantially flush" mean two surfaces which are flush or which have an offset less than 3 mm, and for example less than 1 mm.” additionally, Rosenzweig discloses in Para [0056] “It will be appreciated by those skilled in the art that linkage 116 may, for example, be a boden cable or any other member known in the art, which will provide a pulling force on locking member 96. In addition, linkage 116 may be secured to tube 18 by any means known in the art.” And discusses an alternative embodiment of the cover member 42 in 126 of Fig. 2 and states regarding that “Cap 126 may be secured to tube 18 by any means known in the art and may be of any desired shape.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the actuating part and covering member of Rosenzweig such that the actuating part includes two outer lateral surfaces which are substantially flush respectively with two outer lateral surfaces of the covering member, such that the respective surfaces are flush or which have an offset less than 3 mm, and for example less than 1 mm. as doing so would be a matter of a change in size which has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.” (MPEP 2144.04 IV A). or change in shape as discussed in MPEP 2144.04 IV B.
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Regarding Claim 6, Rosenzweig discloses all the limitations of claim 5 and in addition discloses wherein each outer lateral surface of the actuating part is substantially parallel to the respective outer lateral surface of the covering member (As modified in claim 5 above, the cover and actuator being flush with each other would result in the respective outer lateral surfaces being substantially parallel, extending along the direction of the conduit in the unfolded configuration).
Regarding Claim 7, Rosenzweig discloses all the limitations of claim 1 and in addition discloses wherein the actuating part (28) includes an inner face (134 see Fig. 6) which is located facing one of the first and second rigid conduit parts (portion of inner surface faces 18), the inner face (134) of the actuating part (28) being concave and rounded (See Fig. 6 trigger 134 is a loop which is a concave shape).
Regarding Claim 8, Rosenzweig discloses all the limitations of claim 1 and in addition and in addition discloses wherein the actuating member (148) and the locking member (96) are pivotally mounted (about 150, see Fig. 7) on the first rigid conduit part (18, See Fig. 7), the covering member being fastened to the first rigid conduit part (See 42 fastened to 18 via 132 in Fig. 7).
Regarding Claim 9, Rosenzweig discloses all the limitations of claim 1 and additionally discloses disclose wherein the second rigid conduit part (12) and the covering member (42, see Fig. 8) delimit, when the first and second rigid conduit parts are in the unfolded configuration, an internal housing in which is housed the locking member (See Fig. 8 showing location (142) in 44 to receive the locking member).
Regarding Claim 10, Rosenzweig discloses all the limitations of claim 1 and additionally discloses disclose wherein the covering member (42, See Fig. 8) is configured to make the locking member inaccessible when the first and second rigid conduit parts occupy the unfolded configuration (See Fig. 8, of Rosenzweig and further see Fig. 4 of Pang showing the unfolded configuration wherein the locking member 29 is inaccessible due to the covering member 20).
Regarding Claim 11, Rosenzweig discloses all the limitations of claim 1 and in addition discloses wherein the covering member extends longitudinally beyond the pivot axis of the locking member (See Fig. 8 of Rosenzweig wherein the cover member 42 extends past the pivot point 136 of the locking member 96).
Regarding Claim 12, Rosenzweig discloses all the limitations of claim 1 but does not explicitly disclose wherein the locking member and the actuating member are made in one single piece.
However, Rosenzweig does disclose an alternative embodiment wherein the actuator (148, connected to 28), and its components can be integrally constructed (See Para [0051] “Locking member 96 may be moved between the locked position shown in FIG. 3 and the unlock position shown in FIG. 4 by any means known in the art, such as a lock release actuator. Preferably, lock release actuator 28 is positioned distal to rotatable joint 24 and, more preferably, adjacent to handle 26. Accordingly, a linkage 116 may be provided such that lock release actuator 28 may remotely actuate the lock. As exemplified, linkage 116 has lock release actuator 28 provided at one end thereof and driving member 118 provided at an opposed end thereof. Actuator 28 and driving member 118 may be integrally formed as part of linkage 116 or may be separate elements.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the actuator and locking component to be made of one single piece, as it has been held that “the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice” See MPEP 2144.04 V B.
Regarding Claim 13, Rosenzweig discloses all the limitations of claim 1 and in addition discloses wherein the articulation device is configured to be located above a portion of the air flow passage extending near the articulation device, when the vacuum cleaner conduit is in normal conditions of use (See Figs. 1, 6 and 7 showing the articulation device 24 on the top side of the vacuum cleaner conduit).
Regarding Claim 14, Rosenzweig discloses all the limitations of claim 1, and in addition discloses wherein the first rigid conduit part is configured to be fluidly connected to a vacuum cleaner case equipped with a suction unit (See Para [0037] “Downstream end 22 of downstream tube 18 may be connected directly with a cleaner body or may be connected thereto via a flexible hose 32.”), and the second rigid conduit part is configured to be fluidly connected to a nozzle configured to be in contact with a floor to be cleaned (See Para [0037] “Each of upstream and downstream tubes 12 and 18 may be of any particular length and may be made of any rigid material (e.g. plastic or metal). Upstream end 14 of upstream tube 12 may be a nozzle for cleaning a surface.”).
Regarding Claim 15, Rosenzweig discloses all the limitations of claim 1 and additionally discloses further comprising at least one biasing element configured to bias the actuating member into the rest position and/or the locking member in the locking position (See Para [0052] discussing linkage 116, which connects locking part 96 and actuating part 28 “Preferably, linkage 116 is biased to the locked position shown in FIG. 3. Accordingly, a biasing member may be provided to urge actuator 28 into the locked position.”).
Regarding Claim 16, Rosenzweig discloses all the limitations of claim 1 and in addition discloses further comprising a flexible conduit (30) connecting the first and second rigid conduit parts (18, 12) and at least partially defining the air flow passage (See Para [0040] “Flexible fluid flow conduit 30 (which is preferably a flexible hose) connects downstream end 26 of upstream tube 12 in fluid flow communication with upstream end 20 of downstream tube 18.”).
Regarding Claim 17, Rosenzweig discloses all the limitations of claim 16 and in addition discloses wherein the flexible conduit includes a flexible tubular part (30), a first fastening ring (40) fastened to a first end portion of the flexible tubular part and configured to be removably fastened to the first rigid conduit part (See Para [0042] “Flexible fluid flow conduit 30 may be secured to tubes 12 and 18 by any means known in the art. For example, upstream end 36 of conduit 30 may be secured to downstream end 16 of tube 12 by a flexible cuff provided on end 36, which is slipped over end 16. Alternately, or in addition, upstream end 36 may be secured to tube 12 by an adhesive, an O-ring clamp, a friction fit or any other means known in the art.”), and a second fastening ring fastened to a second end portion of the flexible tubular part and configured to be removably fastened to the second rigid conduit part (See Para [0042] “Similarly, downstream end 38 of conduit 30 may be secured to upstream end 20 of tube 18. Alternately, or in addition, a collar or cuff 40 may be provided on downstream end 16 of tube 12 and/or a collar or cuff 42 may be provided on upstream end 20 of tube 18. In such a case, collar 40 may be used to secure upstream end 36 to tube 12 and collar 42 may be used to secure downstream end 38 to tube 18.”).
Regarding Claim 19, Rosenzweig discloses vacuum cleaner case equipped with a suction unit (See Para [0037] “Downstream end 22 of downstream tube 18 may be connected directly with a cleaner body or may be connected thereto via a flexible hose 32.”), a nozzle configured to be in contact with a floor to be cleaned (See Para [0037] “Upstream end 14 of upstream tube 12 may be a nozzle for cleaning a surface. Alternately, or in addition, it may be adapted to receive a surface cleaning tool, such as a surface cleaning head, additional extension tube, crevice cleaning tool or the like.”), and a vacuum cleaner conduit according to claim 1 (See Rejection of Claim 1 above), the vacuum cleaner conduit mechanically and fluidly connecting the vacuum cleaner case to the nozzle (See above citation of Para [0037]).
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Rosenzweig (US 20090188997 A1) in view of Pang (US 20080155774 A1) as modified in claim 1 and in further view of Coltrin (US 10405713 B1).
Regarding Claim 18, Rosenzweig discloses all the limitations of claim 17 but does not explicitly disclose wherein the first fastening ring includes a first locking device configured to reversibly lock the first fastening ring on the first rigid conduit part, and the second fastening ring includes a second locking device configured to reversibly lock the second fastening ring on the second rigid conduit part.
However, Coltrin discloses vacuum conduit member including a fastening ring (43) including a first locking device (45, which mates with 50 on the rigid conduit part) configured to reversibly lock the fastening ring on the rigid conduit part (See Fig. 3 45 mates with 50 to lock the fastening ring on the conduit).
It would be obvious to one of ordinary skill in the art before the effective filling date to modify the conduit of Rosenzweig such that wherein the first fastening ring includes a first locking device configured to reversibly lock the first fastening ring on the first rigid conduit part, and the second fastening ring includes a second locking device configured to reversibly lock the second fastening ring on the second rigid conduit part, as doing so would ensure that the flexible conduit does not disconnect from the rigid conduit part during the operation of the cleaner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tyler James McFarland whose telephone number is (571)272-7270. The examiner can normally be reached M-F 7:30AM-5PM (E.S.T), Flex First Friday.
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/T.J.M./ Examiner, Art Unit 3723
/DAVID S POSIGIAN/ Supervisory Patent Examiner, Art Unit 3723
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